THE DEVELOPMENT 



OF 



Constitutional Liberty 



English Colonies of America 



BY 



EBEN GREENOUGH SCOTT 



" The Spirit of Liberty is, indeed, a hold and fearless spirit." 

Daniel Webster. 

'* Les nations litres sent superbes." — MONTESQUIEU. 



f ^^^ 18 1882 ' 



NEW YORK 

G. P. PUTNAM'S SONS 

27 & 29 WEST 23D STREET 
1882 






COPYRIGHT BY 

G. P. PUTNAM'S SONS 



Press of 
G. P. Putnam' s Sons 

New York 



f 



'^i 






THIS WORK IS DEDICATED TO 



FRANKLIN B. GOWEN 



IN TOKEN OF ANCIENT FRIENDSHIP, AND IN RECOGNITION OF 
HIS CONSTANT SYMPATHY WITH LITERARY EFFORT. 



PREFACE. 



THIS work embraces a comprehensive view of those things 
in the life of the American people, previous to the War 
for Independence, which are necessary to be known in order to 
clearly understand why we are what we are. It discloses the 
Plan of Development contained in the histo.y of colonial life 
in America. 

It is shown, that these United States are the direct and legiti- 
mate offspring of that great intellectual movement, which, for 
want of a better term, men called the Reformation ; that the Free 
Inquiry thence evolved, passed from religious subjects to politi- 
cal, and gave us, at last, as it had before given the people of Eng- 
land, a really constitutional government established on Freedom 
of Conscience and the Liberty of the Citizen. The change that 
came over us, as we passed from the age of Religious Inquiry 
through that of State Development, is described ; and the causes 
which made us what we are, and those which prompted us to do 
what we did, having been set forth, the events are narrated and 
the impulses disclosed, which, step by step, impelled us to assume 
the responsibility of independence and to take our place among 
the great powers. 

In considering this plan of Development the tliree great Eras 
into which it is divided are observed in connection : — The Era of 
Constitutional Development in England ; the Era of State Devel- 



vi PREFACE. 

opment in America ; and the Era of Constitutional Development 
in America. The motive of each of these is likewise revealed : that 
of the First Era being Freedom of Conscience, that of the Second 
the Development of Tribal Institutions, and that of the Third 
being the Longing for Popular Sovereignty. Throughout this 
Trilogy of Eras glowed the Spirit of Liberty, which, in the final 
stage, became fierce, and crowned its long task by giving to our 
people political, religious, and personal freedom guaranteed by 
constitution. 

It is only when surveying its course from the eminence upon 
which the lapse of time has placed us, that the action of the law 
of development can be viewed in its entirety, and the constant 
force of its energy be calculated. Then we see, that this energy 
has expanded or advanced by steps of unequal length ; that the 
developnient of tlie race or tribe is marked by successive stages ; 
and that the law which controls this energy is to be found in 
these stages or eras, and not in the individual phenomena which 
have been but its temporary expressions. Thus it is, that his- 
torical eras — which may be described as historical phenomena 
grouped into organic systems — are of greater importance to human 
knowledge than individual phenomena ; and thus it is, that the 
philosopher will seek the truth of history in eras rather than in 
the events of a day or the acts of individuals, however striking to 
the eye they may be. 

This work is the result of an endeavor to extract the truth of 
our early history by an application of.the principle thus disclosed ; 
and hence it is, that it is not a history but a philosophical con- 
templation of what is known to be history. As such, therefore 
it makes no pretension to the discovery of new facts or the dis- 
play of learning ; but, leaving the domain of original research un- 
touched in that respect, and presuming a knowledge of accepted 
history to be in the reader, it confines itself strictly to the work of 
. volving therefrom the historical plan of development. The lapse 



PREFACE. Yll 

of time and the patient research of earnest and conscientioas 
workers have at last enabled this to be done. The notes and the 
matter in the Appendix, then, are given rather to assist, or to 
explain, than to instruct, and, whenever possible, are drawn from 
sources familiar to the general reader, or easily to be referred 
to by him. 

The Commercial Relations of the Colonies to the mother- 
country and to each other are set forth at large, and in con- 
nection with the causes that, according to Mr. Burke, made the 
spirit of our liberty fierce. This is the first time they have ap- 
peared in our literature as a cause of Revolution, although we 
have had, staring us in the face for three fourths of a century, 
the positive assertion of no less an actor in the achievement of 
our independence than John Adams, that "if any man wishes to 
investigate thoroughly the causes, feelings, and principles of the 
Revolution, he must study this Act of Navigation and the Acts of 
Trade, as a philosopher, a politician, and a philanthropist." 

This done, a remarkable hiatus is filled up, and the story of 
our development from feeble communities to being a great power 
is believed to be here presented with all its stages- defined and 
complete. 

Wilkes Barre, Pa., January, 1882. 



TABLE OF CONTENTS. 



PART /. — The Era of Constitutional Development in England. 

CHAPTER I. 

INTRODUCTION. 

To what the Anglican migration westward was due — The United States the result of 
the Great Movement or Revolution of tlie i6th century — The destructive and constructive 
periods of this movement — The course of the Great Revolution in the British Isles — The 
first stage of its Destructive Era, terminating with the accession of Charles I.; the second 
with the investiture of the Protector — Results of these Eras of Effort, and their effect upon 
absolutism — The Constructive Era, which began with the Protectorate — The absolutism of 
the Restoration and its inherent weakness — The Nomenclature of the Great Revolution — 
Meaning of the word Puritanism — What was Puritanism, and what did it do for England ? 
— ^What was the Revolution of 1688, and what did it do for England ? — The law of histori- 
cal development does not act with the regularity of physical laws ; characteristic of its 
advance and retrogression — In respect to the Colonies, the effects of the Revolution of 
1688 were moral, not physical— What the Revolution of i683 did not do for the Colonies- 
Conditions of colonial life favorable to liberty — In what the Revolution of 1688 worked 
positive ill to the Colonies — William the Third an absolutist in America — The relations 
of the Colonies to the Government during the reigns of Anne and the early Hanoverians — 
The good feeling terminated by the accession of George III. — ^The plan of absolutism, which, 
in attacking colonial liberty, was really aimed at the liberty of England — The popular 
feelings which aided the absolutists. 

The two Houses of Parliament and the people unite with the throne against the Colonies' 
—The immediate cause of the outbreak in America — The Revolution of 1776 a manifesta- 
tion of the same force which produced the Revolution of 1688 — The Revolution of 1776 
accomplished the last great step of Revolution, namely, the transfer of sovereignty 
from the throne to the people — How society regarded the Revolution of 1776 — Its 
cause at first negative — Character of the revolutionists^Character of the Colonies — 
The conditions of Colonial life favorable to local self-government — Revolutions not 
affairs of battle-fields — The Revolution of 1776 instructive to those who would know how 
to be free. 

Advantage possessed by the history of the Caucasian tribes in America over that of 
others — The Trilogy of Eras which embraces the historical development of colonial 
British America— The controlling Force or Motive of each of these Eras— The Spirit of 
Liberty manifest in all. ......... 5-26 



X CONTENTS. 

PART II. — The Era of State Development in America. 
CHAPTER II. 

DESCENT. REMOTENESS OF SITUATION: THE FORMS OF THE CO- 
LONIAL GOVERNMENTS, AND THE POLITICAL RELATIONS OF 
THE COLONIES. 

■Mr. Burke's Six Capital Sources whence the fierceness of Liberty in the Colonies was 
derived— Two additional sources or causes: the Political Relations of the Colonics , a.nA 
their Coinmcrcial Relations— x. Descent— 2.. Remoteness of Situation : the Laissez-faire 
policy, or policy of Governmental indifference. 

-'. Tlie Forms of the Colonial Governme-nts^ and the Political Relations of the Colonies. 
{«.) Comparison of the nature of the English Colonies with that of the Roman and 
Greek: (i) the Roman Colonies; (2) the Greek Colonies— The English more like the 
Greek than the Roman; points of resemblance and difference ; the self-sustaining nature 
of the English, (b.) Three kinds of English Colonies in America: (i) The Royal or Provin- 
cial Colonies; (2) the Proprietary or Palatine, and (3) the Charter— Political scparateness 
or distinction of these colonies from each other, and effect of their common allegiance to 
the same suzerain— Dr. Robertson's surprise respecting the charters commented upon— 
The Charters as compacts: they recognized local self-government— Amplification of the 
meaning of the term " chartered liberties.'' {c.) The colonial governments one in spirit 
though differing in form— Virginia: its exceptional character— Maryland— Pennsylvania, 
New Jersey, and Delaware — Massachusetts — New Hampshire — Connecticut — Rhode 
Island— New York— Colonies south of Virginia— Georgia — These Colonies free and self- 
<Tovernir.g: their self-taxing power not regarded as sources of revenue— Virginia's resist- 
ance to royal monopoly. 

(rf.) The institutional nature of the English colonies — Definition of the word institu- 
tions — This institutional nature a race characteristic — The institutional development of 
the English colonics shown by contrast with the French colonies — The English carried 
with them institutional vigor ; the French did not : illustrations — The extinction of French 
power in America to bo attributed to the paucity and weakness of institutions — The insti- 
tutions of British America as ancient as the race. 

(f.) English colonization under the Stuarts — How it was that franchises were lavished 
so freely on the colonists— The predisposition of the English colonists to self-govern- 
ment a tribal characteristic— Love of the soil closely allied with disposition for self- 
government— Self-government coincident with the landing of a colony, and simultaneous 
appearance of institutions — Effect upon the colonists of the contempt maintained by the 
English commercial classes : loyalty of the former — Political independence a natural 
sequence of the fierceness of liberty. ....... 29-5S 

CHAPTER III. 

RELIGION IN THE NORTHERN PROVINCES. 

Mysticism : Ratioiialisni : Faith. 

Religion in the Northern Provinces : its chief feature toleration and freedom of con- 
science — The localities where the principle of freedom of conscience were most apparent — 
This freedom a natural progenitor of political freedom— Free Inquiry passed from relig- 
ious to secular subjects in America as it did in England, but without violence — The Colo- 
nies at the first glance unfavorable to religious freedom : intolerance, nevertheless, shown 
to be inherently feeble- State religion, how regarded by the English previous to the Com- 
monwealth ; dissent regarded as heretical— Rule for ascertaining the existence of toleration 
or i:'.tolcrance in a community— Intolerance natural at the time of colonial settlement, and 
universal— Maryland and Pennsylvania exceptions. 



CONTENTS. xi 

I. — Tlic Mysticism of West Jersey and Pennsylvania. 

Quakerism : its mysticism, and the illustration it affords of a union of freedom of con- 
science and state instead of a union of church and state : effect of its appearance in 
America— Rise of the sect of Quakers, and character — Wliat Quakerism attempted, and 
what it failed to attain — Its decline— Appearance of tlie Quakers in West Jersey and Penn- 
sylvania — Apathetic condition of Freedom of Conscience at the time of their arrival — 
Their advent propitious to its continued existence as a social force — Freedom of Con- 
science in Rhode Island — To what the favorable influence of Quakerism upon this prin- 
ciple was due— The Quakers of West Jersey — Their first enactment is declarative of free- 
dom of conscience as a political principle- The constitution of their polity : its glory and 
its defects — Their notion of government, a government by the people — Pennsylvania a re- 
sult of West Jersey — The Quakerism of Pennsylvania a necessary expression of freedom 
of conscience — The times propitious to the settlement of Pennsylvania — Charter of Penn- 
sylvania : it recognizes local self-government — Comparison of it with the charters of 
Maryland and Rhode Island— Steps taken by Penn before leaving England — Declaration 
of Toleration — The Great Law of Chester : its provisions — It shows Penn to be in advance 
of his followers in respect to freedom cf conscience — The prudence and foresight dis- 
played in the settlement of Pennsylvania : early prosperity of the colony — Passiveness of 
Quakerism : its effect in saving freedom of conscience to America — Freedom of conscience 
in Pennsylvania the gift of an individual, and not a conquest won by society. . 59-81 

CHAPTER IV. 
RELIGION IN THE NORTHERN PROVINCES — Continued. 

II. — Rationalism of New England. 

In New England Freedom of Conscience rises from Society instead of descending upon 
it— Puritanism of New England a direct expression of the Great Revolution or MovS- 
ment — One and the same thing with the Puritanism of England— Historical importance of 
the New England colonization — The most emphatic expression of insubordination the 
times afforded — The immediate cause of the Puritan migration — Its motive one with that 
of the Puritan Revolution. 

The Pilgrim or Brownist migration — The Mayflower Compact — Not democratic- 
Analysis of the Compact— Importance of its assertion of autonomy — An oligarchy flowed 
from it. 

The real Puritan migration oegins with Winthrop's band of colonists— Character of 
these colonists— Their love of learning— The early Puritan a reformer — Not to be con- 
founded with the Independents or Separatists — Early Puritans a class rather than a sect — 
Distinction between the Pilgrim and the Puritan Fathers— The Puritan of the reign of 
James I. 

The Puritan emigration brought Puritanism pure and simple into New England, and 
assumed a sectarian character — Motive of this emigration — The object of emigration did 
not include the foundation of a State free in politics and religion — Freedom came by 
natural development — Political well-being dependent upon natural development — The 
true greatness and well-being of a people to be ascertained only by observing its growth 
— The law of development — Its action is slow — This action illustrated by the career of 
Freedom of Conscience among the English. 

To what the development of New England character is due — Early Puritanism in 
America uneventful — Inefficacy of the early Puritan literature — The polemical strifes — 
E.xtraordinary diffusion of education among the Massachusetts and Connecticut Puritans — 
Adverse effects of an oligarchy upon the development of literature— The part performed 
by the rage for disputation — Its ultimate inclusion of secular as well as religious subjects, 
iir.d its final change from disputation to discussion : the Debating Society — Effects of early 
controversial theology. 



XI 1 CONTENTS. 

Adver.t oi Roger Williams in Massachusetts : the part he performed in his life : the first 
to make Freedom of Conscience a constitutional principle of polity — His life previ jus to 
his arrival in America — His personal character at the time of his coming — The factb. con- 
cerning h'S trial and expulsion from Massachusetts — The action of his judges not cen- 
surable — Historical significance of the trial of Roger Williams — The condition of the 
doctrine of toleration in the Plantations it disclosed — That doctrine involved in the issue 
of the trial — Development of AV'illiams' ideas into asj-stem — Soul-liberty — His disunion of 
Church and State — His notion of the relations held toward each other by the civil and 
ecclesiastical powers — The new subjects his doctrines gave to discussion — Growth and ex- 
pansion of these doctrines — His ultimate view of Freedom of Conscience — The view 
taken by him of the relations between the Indians and civilization — Character c.f 
Williams — Effect of his doctrines on American society — Effect of his doctrines on Vane 
and Milton. 

III. — Faith of Maryland. 

Settlement of Maryland— Sketch of Calvert— His character— His early attempts at 
colonization— Condition of the Roman Catholics under the prcemunire statutes— Calvert 
first seeks Virginia, but ineffectually— Difference between the Now England and Proprie- 
tary Charters— The Maryland Charter— Aristocracy and faith serve Freedom of Con- 
science along with democracy and rationalism. . . . . . ' . 82-12^ 

CHAPTER V. 

MANNERS IN THE SOUTHERN PROVINCES; MANNERS OF THE 

FRONTIER. 

1. Southern Life and Manners. — Enlargement of this capital source— The type to be 
found in Virginia and Maryland— Topography of these two provinces— Their distribution 
of population, and character of the people— Contrast between distribution of population 
in New England and in the South— What caused the ditference— Disassociation the char- 
acteristic of Southern distribution ; it was enhanced by the topography of the country- 
Personal effect of isolation— Simplicity and purity of the language preserved— Lrncor- 
rupted by the planters' foreign tours— Political effect of isolation— Class feeling and sense 
of individuality heightened by absence of middle class and isolation— Rare development 
of domestic life -Haughtiness of the planter- His hunger after land- His love of field 
sports- Freedom and purity of manners in the South between the sexes— Southern hospi- 
tality : its refinement— The winter visit to the colonial capital— The simplicity of life and 
manners extended to commercial transactions— The English squirearchy— The Southern 
squirearchy-Society in the Piedmont and the Valley-Its antagonism to the intolerance 
of tlie sea-board— How it differed from the planter society. 

2. Manners of the Frontier.— Th.^ Leatherstockings and Pioneers— Their mode of life - 
Theirmilitary efficiency— The actual process of social organization on the frontier from 
the block-house to the city-The love of local self-government manifests itself at every 
step as ttie directing f orce-The sense of personal freedom in the frontiersman greater than 
the sense of political responsibility 

■'■■••••• 124-15,3 

CHAPTER VI. 

MANNERS IN THE MIDDLE PROVINCES. 

3. Pennsylvania.— l:\iQ colonists commercial and agricultural— The different classes- 
Opposition to Quakerism-Greater diversity of nationality and manners than in the 
-^outh-Philadelphia: its opulence ; culture; famous men-Its social life • IMack's Diary- 
The colonial metropolis: its printing presses; schools ; learned societies-The German 
element in Pennsylvania, or " Pennsylvania Dutch" : the Scotch-Irish-Greater diversitv 
of population than in any other colony- Was highly conservative-The progressive pariv 
- The spirit of liberty in Pennsylvania stubborn but not fierce. ' 15^ ^6 



CONTENTS. XI 11 

CHAPTER VII. 
NEW England's five advantages as enumerated by john 

ADAMS; AND HEREIN OF EDUCATION. 

The Five Advantages possessedby New England over the other colonies — (a) Purity of 
the English blood — (i^) The institutions for the sii.pp07-t of religion^ tnorals, and decency. 

(r) Education. — The New England school system aided by concentration of population: 
contrary effect produced by the dispersion of Southern society — Education in the South — 
Education in the North more general than in the South — Education in Pennsylvania — Edu- 
cation in New England — It contemplated the highest culture possible : Yale and Harvard 
—Learning in itself not productive, but preservative of freedom — Effect of Northern edu- 
cation upon conceptions of government — The support lent by Northern school system to 
democracy. 

{d) The Toivnshijt. — What it is physically and politically — Its character more administra- 
tive than parliamentary — Its structure — The selectmen, and their duties ; the other officers 
— Excellence of the township in political education — Division and concentration of its 
forces — The township a purely local self-government — Its development of active, practical 
citizenship — The part performed by the citizen in administering its affairs ; a corrective to 
tendency to excessive abstraction — Attachment of the New Englander to his township — 
Its prominence in New England social life— Its effect in making the spirit of liberty fierce. 

{c) Distribution of Intestates''- Estates, etc. — Real estate in New England held in small 
parcels — Northern society democratic — The course of descents, etc., are there expressions 
of democratic tendency — Effects of diversity of principle in this respect, betvv'een North 
and South — Why tlie conflicting social constitutions of North and South united in a com- 
mon republic — Land as assets for payment of debts— Decline of Gothic attachment to the 
soil — Curtailment of entails, abolition of right of primogeniture, repugnance to long 
trusts, and facilities for alienation of realty. 

Review of the Six Capital Sources : their tendency to make liberty fierce. . 164-184 

CHAPTER VIII. 

THE COMMERCIAL RELATIONS OF THE COLONIES. 

Effect of the downfall of the French power in America upon the relations of the colo- 
nies to the mother-country : enforcement of the Acts of Trade, and growing restiveness 
of the colonists — The Navigation Act of Richard II. ; the Navigation Act of the Common- 
wealth, and the policy it expressed — Effect of the discovery of America upon commercial 
supremac}^ : Rise of the Dutch— The decline of Holland a result of the Navigation Act — 
What led England to adopt this measure — Effect of the Act upon Monopoly. 

I. The Legislation concerning Trade and Navigation : — The Three Acts : the Restrictive 
Sj'Stem — England becomes the colonial Factor — The Acts extended to intercolonial 
trade: the angle of intercolonial commerce — The compensation for Monopoly, derived by 
the colonists from the Restrictive System : (i) the pecuniary or material compensation, 
(2) the political or moral. 

II. The Literature having colonial trade for its subject: its significance. — Political 
Economy takes its place as a science and divides the English into two schools — Early 
English writers on Political Economy : {a) Sir Josiah Child and his Netv Discourse of 
Trade— Object of the work— This object as it appeared to the Americans — Their view 
justified by the work itself— Child's aspersions of Virginia and Barbadoes— Selections 
from the work ; comments upon them— Analysis of its propositions— Designs of the Eng- 
lish commercial classes disclosed by thf; treatise— The sentiments are generally adopted, 
and the Government marks its approval of them, (b) Joshua Gee and his work The 
Trade and Navigation of Great Britain Considered— YLe advocates colonial taxation for 
revenue— Local self-government now definitely established in the colonies— Political 



Xiv CONTENTS. 

effect of taxing the colonies for revenue-Their cliaracter of dominions wholly distinct 
from that of commercial dependencies-Gee's propositions tend to the destruction of the 
character of dominions-His views acceptable to the Government ; a later administration 
circulates his worlc in 1767. {c) Jolui Ashley and his Memoirs attd Considerations con- 
cerning the Trade and Revenues of the British colonies in ^;«^rzV«— Follows Child and 
Gee, and also advocates colonial taxation for revenue— Drift of public opinion shown by 
these treatises to be unfriendly toward the colonies— No respect exhibited by them for the 
Charters— Review of the Restrictive System— The persistent rage for regulation— Motive 
of the System : the right of Great Britain to impose it upon the colonies, and the duty of 
these to obey it— Acceptance of it by the emigrants not compulsory— the inherent defect 
of the Restrictive System— The conservative disposition of the Government toward the 
political status of the colonies: the laissez-faire policy; tiie true policy, and AN'alpolc's 
rejoinder -Policy of the Government as to tlio commercial status an active one— Meaning 
of the ciiangc from policy of indifference to interference in political affairs of the colonies 
—How such change was regarded by the colonists : their alarm and excitement. iS5-2?9 



PART III. — The Era of Coiistihitional Development in America. 
CHAPTER IX. 

THE WOODEN PIORSE. 

Encroachments of the Restrictive System— The forerunner of rebellion— Ashley's prop- 
osition—His object: terminolog;' of the Revenue Acts— Governmental construction 01 
"the Molasses Acts" — Writs of Assistance — Their nature — Otis" Argument— Its effect 
upon those who heard it — Its effect upon the people of all the colonies. . . 233-246 

CHAPTER X. 

THE CONFLICT WITH ABSOLUTISM. 

Barren victory of the Government ; its irresolute action— Dissension between the mother- 
country and the colonies — George Grenviile ; his character — The grounds of his change 
of policy — Their falsity shown — What the colonists had done and were doing — Revenue 
from the coionies resolved upon ; the Port Duty Act ; Resolution to charge stamp duties — 
Deliberate action of Grenviile — Passage of the Stamp Act — How the colonies acted by 
way of protest — Feeling in America — The New York Congress — Debates in Parliament 
and Repeal of the Stamp Act — Joy in the colonies— The four new facts which constitute the 
outcome of the Stamp Act matter — The Declaratory Act — Character of Charles Townshend 
— His sentiments respecting British rule in America— The Townshend Acts— A trick of 
absolutism — England defective in moral qualifications for the coming struggle— Recei)- 
tion of the Townshend Acts in America — The Massachusetts Circular Letter, ; the action of 
the ministry thereon, and the action of the colonial legislatures : troops quartered on 
Boston— The feeling of resentment displayed in Parliament— Revival of the law to trans- 
port offenders for trial— Action of Virginia— Botetourt's appointment : th- \'n-jiin!a Reso- 
lutions of 1769— Attempts of the ministry to throw the omis on the colonics — I'nrtial reneal 
of the Townshend Acts : the Tea Act remains— Government of the c-lonies by Royul In- 
structions, or ukase administration— The subordmate part played by " Parliamentary ab- 
solutism" — Apathetic reaction in the colonies ; lioston Massacre — The order to pay th ; 
colonial judges from the imperial treasury ; the Boston Committee of Correspondence— 
The "Gaspee" Commission— The Virginia Legislative Committee of Correspondence the 
iTst effective step to colonial union. . . .... 247-2-? 



CONTENTS. XV 

CHAPTER XI. 
THE CONFLICT WITH ABSOLUTISM — Continued. 

Embarrassment of the East India Company, and plan of the Government to relieve it at 
the expense of the colonies — The sordid way in which England looked at American 
affairs — The tea thrown overboard in Boston Harbor — Resentment of the English— The 
Boston Port Bill — The Massachusetts Government Bill or Regulating- Act— Another curgo 
pitched into the water— The sad state of affairs due to the attempt to set up a paternai 
government — England retrograding, America advancing: what the English peo]>le 
might have done — The Revolution of i68S powerless to arouse sympathy in the English 
masses with the Revolution of 1776 — The way the news of the Boston Port Bill was re- 
ceived in America— Impending physical force becomes an element in the conflict- -Gen- 
eral impulse in favor of a colonial Congress — Twelve colonies agree to send delegates ; effect 
of feeling in Virginia on the rest of the country — The Congress created ; its character, and 
relations to the English Parliament and to the colonies — The First Congress ; two parties — 
The Suffolk Resolutions— What this Congress did — Chatham's eulogium upon this Congress 
sustained by the judgment of time — The course pursued by Massachusetts-- The elections 
of 1774 sustain the ministry — Lord Chatham's fruitless endeavor to have the troops with- 
drawn from Boston—His Provisional Bill for settling the troubles in America ; its failure 
— Why this bill would not have been acceptable to the Americans — Plans of conciliation : 
Lord North's plan — Edmund Burke's plan ; his great speech — Affair of Lexington and 
Concord — Its effect on the colonists ; Boston invested by the Americans— Rejection by 
Congress of Lord North's plan — Bunker Hill— Last Petition to the King — An army raised 
and Washington appointed commander-in-chief: measures to obstruct the enemy — The 
Petition rejected and Proclamation of Rebellion made — Vigorous policy of the ministry — 
the King's Speech — Failure of the Opposition— Action of Congress — The Middle Colonie:; 
conservative— Effect of Tom Paine's " Common Sense" — Futile opposition of the Con- 
servatives to revolution — Resolution of the 15th of May — Opposed by the Conservatives ; 
their decline — Congress takes steps to bring forward the question of independence — Reso- 
lutions of Richard Henry Lee — The Great Debate, and the resolutions— The Declaration 
of Independence— The War for Independence and triumph of local self-gcvernment — 
Retrospect — Verification of the Motive and Law of Development. . . . 273-302 



PART I. 

THE ERA OF CONSTITUTIONAL DEVELOPMENT IN ENGLAND. 

" Cette nation aimer ait prodigieusement sa liberie, parceqtie cette 
liberti serait vraie." 

Esprit des Lois, liv. xix, chap, xxvii. 



INTRODUCTION. 

''''Ce n^ est pas la fortune qui domine le monde. * * * II y a 
des causes ge'ne'rales, soit morales, soil physiques, qui agissent daiis 
chaque monarchie, /' elevent, la uiaintieiment, ou la precipitent ; tous 
les accidents sont soumis a ces causes j et si le Jiasard d' une bataille, 
c est-a-dire tme cause particuliere, a ruine un Etat, il y avail une 
cause generate qui faisait que cet Etat devait pe'rir par une seule 
bataille. En un mot, V allure principale entraine avec elle tous les 
accidents particuliersy 

Grandeur et Decadence des Romains, chap, xviii. 



CHAPTER I. 

Introdiiction. 

THE growth of the English colonies in America was due to 
causes peculiar to the times. The wilderness was an invit- 
ing one, the climate was favorable to race development, society 
would have no traditionary limits set upon its expansion, and men's 
needs were pressing. Yet, though the virgin stood before their 
eyes, whole generations of Northmen were born, lived out their days 
and passed away, without heeding the geiitle bidding which every 
western gale bore across the waters. The bridegroom tarried. 

All at once, however, Europe stirred, and the North Atlantic 
was dotted with sails moving westward. Why this restlessness ; 
why this migration ; why happened it then instead of before ; 
why did it occur at all ? The answer is short" -and emphatic. So 
long as men were satisfied with their condition, there was no 
reason for their moving. But, when a sudden and marvellous 
expansion of the human intellect occurred ; when, under that 
expansion, old bonds were broken and the ancient systems were 
left inadequate to supply the new demands of society ; when 
these systems failed to readily adapt themselves to the changed 
order of things, then life fast became intolerable, and men who 
were determined upon having something better, were forced to 
seek elsewhere what they could not find at home. Thus arose 
something which compelled movement, and as society could only 
move westward, hence began the great Anglican migration which 
other impulses from time to time sustained. 

The United States of America, then, are results of that mighty 
force, which, bounding into existence through the throes of the 
Reformation, still continues its triumphant march. The disintegra- 

5 



6 CONSTITUTIONAL LIBERTY. 

tion of ancient manners, ancient notions, and ancient principles, 
consequent upon the upheaval of the ancient structure, continued 
for many generations, until at last it embraced every element of the 
old European civilization. When this disintegration was ended, 
however, a process just the contrary set in, and under the cohesive 
forces of society the different fragments crystallized into new 
forms and into new organizations. Thus the course of the great 
movement may be distinguished by two periods : one of destruc- 
tion, and the other of construction. In the latter the English- 
speaking race is living to-day, but the former continued in Eng- 
land until 1688, or less than two centuries ago, while in America 
it was not completely at an end until 1776, or about one century 

ago. 

In the British Isles the first great step of the destructive era ter- 
minated in the accomplishment of the Reformation proper, when 
the new conditions of religious life were fixed and settled. Then 
it ended ; but after this period of activity, and before the more 
amazing one that followed, there occurred what might be termed 
an interval of volcanic repose. Flames did not shoot toward the 
zenith, streams of fire did not lay waste the vineyards, nor were 
the temples overthrown. All this was indeed to come ; but for the 
present, that is to say, from the accession of Elizabeth to the ac- 
cession of Charles the First, there was, to outward appearance, 
tranquillity. Men went on cutting and grafting upon the slopes, 
though at times a tremor ran through the ground, and though 
the ear, in spite of itself, would turn to catch the smothered mut- 
tering that betokened a fast-brimming crater. This interval was 
characterized by the transition of the lately awakened force from 
purely religious subjects to those that were purely intellectual ; and 
though it was but a period of transition from one part of the de- 
structive era to another, we behold the constructive forces of 
society bursting forth in every direction ; just as on the sides of 
Vesuvius we see vegetation pushing its blades through the scarcely 
cooled lava. Nevertheless, the time is not yet come for the full 
action of these forces ; old systems, which others must replace, 
still survive, and until they are in ruins, the era of construction 
cannot be said to have set in. 

Accordingly, the next stage is destructive, and, as it proves, is 
the most destructive of all. The constructive forces cease from 



THE GREAT MOVEMENT. 7 

acting altogether, and the destructive are seen in full possession 
of the field. This embraces the short period between the acces- 
sion of Charles the First and the investiture of the Protector, and 
in the annals of the great Revolution it may be characterized as 
that in which Free Inquiry advanced in religious matters still 
further toward the substitution of reason for credulity, and in 
which, passing to secular subjects, it attacked the existing politi- 
cal structure of society and asserted the supremacy of personal 
liberty over absolutism. The struggle between these forces was 
one which, even yet, men shudder at the thought of. The forces 
of society acted only in violence, and in violence which sent Eng- 
land reeling to the ground. When the conflict was ended, and 
men paused to take breath and look about them, marvellous were 
the changes wrought. In religion, freedom of conscience held 
the ground, and intolerance, or the doctrine that the civil power 
was at the service of the ecclesiastical in prescribing faith, in 
regulating doctrine, and in extirpating heresy, had sheathed its 
sword, or, at best, was standing on a weak defence. Its voice 
no longer thundered its decrees, but in shrill treble quavered its 
apologies. In politics, though a dictator "protected" the land, 
that dictator was an uncrowned and unanointed one, and in 
every thing he said or did, was careful to ascribe his omnipotence 
to the people only as the sole source of power. 

Absolutism, the world over, has never recovered from the shock 
then given it ; English absolutism from that day has borne the 
mark of the beast. In commercial matters, the old system of 
monopoly was overthrown, though the monstrous principle still 
held its own ; and a new system took its place, in which a whole 
people were substituted as monopolists instead of courtiers and 
guilds. Though monopoly itself, as we shall see, was as strong as 
ever, its enjoyment was shared by all the inhabitants of England, 
and in this change, as in every other that had occurred, one in- 
variable fact presents itself — the emphatic assertion of individu- 
ality in matters pertaining to the common weal. In short, con- 
trol of the social forces was more in the hands of the people, 
enjoyment of franchises and liberties was much more general, and 
religion had become a thing of the individual and not of the state. 

The Protector, Oliver Cromwell, was, to all appearance, the 
veriest of dictators, and absolutism seemed to be enthroned in 



8 CONSTITUTIONAL LIBERTY. 

his person : but such were really not the facts. That wonderful 
man saw clearly that the absolutism of the past was over, and 
that the absolutism of which he was the figure was a make-shift ; 
and, with singular self-control, he set to work to secure to Eng- 
land the advances toward liberty it had gained from the conflict 
just ended. While the strife was going on, he had kept just ahead 
of events, with the revolutionary spirit of the day following hard 
after him ; but when, exhausted by its efforts, revolution paused, 
Cromwell, who never paused, distanced it, and the result was, 
that, unsustained by public opinion, death caught him with his 
work unfinished. Nevertheless, the people, whose hesitating 
steps still carried them forward, did reach his ground in course of 
time, and the feeble absolutism of the Restoration found itself 
face to face with an England far more united against it than ever 
that which confronted Charles I. had been. Indeed, such was now 
the pervading sense of freedom, and such the universal apprecia- 
tion of personal rights, that when absolutism, under James II., 
arrayed itself against liberty for its last struggle, there was no 
conflict worthy of the name. It threw down the gauntlet only to 
retire from the lists, and it fled panic-struck from the presence of 
the warrior it had itself called into the field. Thus the Revolu- 
tion of 1688 was almost a bloodless revolution ; and personal 
freedom had nothing to do but to take possession of abandoned 
ground, and to proclaim a constitution which none have disputed 
from that day to this. Since then the era of construction and 
enjoyment has been uninterrupted in England, and the last vio- 
lent effort of the great movement which had been initiated by the 
Reformation may be said to have there terminated in the Revolu- 
tion of 1688. The Middle Ages were ended. 

This whole movement, from beginning to end, has been unfor- 
tunate in its names. Indeed, unless we call it " The Great Move- 
ment " or " The Great Revolution," it is nameless : for the term 
" The Reformation " applies only to a part, and the term " Puri- 
tanism," which never expressed but a part of a part, and which at 
most is the name of a quality or characteristic only, is actually 
misleading. Used at first to designate anti-formalism in religious 
matters, and, afterward, what would be called to-day " reform " 
in politics, it has been extended so as to embrace the whole ex- 
pansion which resulted in substituting freedom of conscience 



PURITANISM. 9 

for credulity, freedom of trade for monopoly, and constitutional 
freedom for absolutism. This distinction it does not deserve ; 
for Puritanism, as a political force, did not make its appearance 
uiatil long after the Reformation, and it ended with 'the death of 
Cromwell. It was during these two periods that the English 
people did the most of the task that had been set them to do, and 
the rest of the work, which was accomplished in 1688, was simply 
that of garnering the crop. Nevertheless, the final stage is as dis- 
tinct as either of those which precede it, and to complete the desig- 
nation of the movement which so changed the character of the 
English and wrought such great good, we must add to its nomen- 
clature the name of the Revolution of 1688. 

The American colonies owed so much to the Great Movement, 
that it may be well, once for all, and at this point, to set forth the 
nature of its different phases. We know what the Reformation 
was, and what it did for all people — it changed the subjects of 
mental activity, by substituting, as the impelling motive, free in- 
quiry for credulity. But what was Puritanism, and what did it 
do for England ? 

It was a reformation of the Reformation ; and it left an indeli- 
ble mark upon English character. Modern England dates from 
its expiration, and with it ended a heroic age. Politically, it was 
a revolt of the Middle Class ; intellectually and spiritually, it was 
a violent, uncontrollable expansion of the mind and soul ; his- 
torically, it was the latest popular development of Free Inquiry in 
the British Isles. Taking it altogether, it was a convulsive effort 
toward freedom. The Middle Class wanted representation in the 
government ; they would no longer be left out of every thing but 
the revenue acts and the press-gang. The Intellectual Class, whose 
field had been broadened by Free Inquiry, would no longer stay 
pent up within the schools ; and the Religious Class, stimulated by 
the sight of an open Bible, and frantic from the stings of intoler- 
ance, insisted upon absolute freedom of conscience. All three 
got what they wanted. After the storm was over, England appa- 
rently settled down into what she had been ; but only in appear- 
ance. The divisions of society remained the same, the church 
resumed her services, parliament betook itself to the old business 
of granting royal supplies, and the king went out hawking as 
usual. But there was a change ; the ancient life was gone, the 



lO CONSTITUTIONAL LIBERTY. 

new life had leavened the lump, and things were not what they 
had been. The old liberties looked more vigorous than ever, the 
new ones already seemed as enduring, and together they resisted 
with easy indifference the dangers that threatened them from the 
frivolity, the bigotry, and the obstinacy of kings, and those that 
would assault them from the tyranny of mobs. Had Puritanism 
done nothing else than develop manly self-respect, the sense of 
individuality, and the consciousness of a power which could and 
would compel a reverent regard for personal rights, it had de- 
served well of the people. Had it limited its efforts solely to as- 
suring the old liberties, to advancing the new, and to establishing 
both, it had deserved well of civiHzation. It did these things, 
and, in spite of its violence and cruelty, and of all its manifold 
offences, it deserves and has the good word of mankind. It 
started England upon the career which she has run as head of the 
human family ; upon her career of conquest ; not her conquest of 
brute force, but her conquest of civilization, which has subdued 
continents to the plough, and which has rooted her principles of 
liberty as sturdily in the islands of far-off seas as ever they were 
rooted in the soil of Runnymede. It was much to demonstrate, 
if but for a single day, that conscience could be free — and this it 
did : it was much to teach rulers that the possession of power is a 
trust for the benefit of society — and this it did : it was much to 
return a parliament which really represented the people — and this 
it did : it was much to propose reforms which it is still the en- 
deavor of England to effect — and this it did : it was more, far 
more, to actually accomplish them, though but for a parliament's 
sitting — and this it did. 

It may be urged against Puritanism, that its greatest services to 
freedom were given during the riot of that worst of afflictions, a 
people run mad, and that it was in the days of its fanaticism that 
liberty reaped its richest gains. But that some of these services 
were involuntary by no means deprives Puritanism of the credit 
due her for what she did freely and from good-will. The gains 
of liberty, too, before and since that time, have been due as often 
to the indolence, the vices, and the necessities of rulers, to the 
brutality of the rabble, to the passions and blunders of citizens, 
and to the mere accretions of time, as to the merits and virtues of 
mankind. All these things have proved quite as efficient for her 



SERVICES OF PURITANISM TO FREEDOM. II 

ends as patriots and heroes. Does a prince become impecunious ? 
Riches are his, if she is only given another foothold. Does a mob 
break in the doors of a Parliament House ? Immunity from 
punishment is accorded, if the right of free speech — speech as 
secure from a mob as from a ruler — is guaranteed for the future. 
Does the legislature encroach on the administration or the ad- 
ministration on the legislature ? Swarms of precedents, whose 
presence is justified simply because they have existed time out of 
mind, straightway confront the outrage and turn it to liberty's ac- 
count. All this only goes to show that this ever-watchful spirit 
does not disdain to make use of the stones which the builders 
reject. She may not be nice in her agents, but she uses them to 
good ends and with good effect. So with Puritanism : it made 
use of the tools it had, not what it would have. Conservative 
England may have done more to hedge old liberties with safe- 
guards ; but Puritanism is good, and is to be honored for this, 
that it produced more new liberties which have lived, and it pro- 
posed, and, what is better, set the example of more reforms 
which have lasted, than ever conservatism did. It gave, too, the 
two great parties necessary to every free government, and of these 
one has made it its duty to preserve what the other originates. 
. Beneath the froth and scum the waters of life still ran in pure and 
steady current. Puritanism was indeed fanatical, but it used its 
fanaticism in the end, to the advancement of the human race and 
the greater glory of God. 

What, then, as the next inquiry, was the Revolution of 1688, 
and what did it do for the people of England ? 

-The nerveless rule of Cromwell's successor disclosed how 
abruptly the work of reconstruction had been interrupted by the 
Protector's death, and laid bare the necessity of its continuance. 
The country was exhausted by convulsion ; reaction naturally fol- 
lowed, and the conservatism of the race having nothing to with- 
stand it, the result was, that the king had his own again. So 
practical a people as the English, had not, however, gone through 
tribulation for nothing, and when absolutism dropped its mask, the 
temper which had beheaded one king was not disposed to palter 
Avith another. The past was scrutinized after reflection had cooled 
the judgment, and the discrimination between the good and bad it 



12 CONSTITUTIONAL LIBERTY. 

disclosed was made with just severity. Nothing could be more 
timely for popular rights, than that royal absolutism should choose 
for its attempts a moment when the recollection of what they had 
done was still fresh enough to show the people what they could 
do, and when the resolution to maintain their rights was made in- 
flexible by the lately acquired sense of having earned them. Ac- 
cordingly, as if by instinct, the whole mass set to work to secure 
what had been gained. The Writ of Habeas Corpus was wrung from 
Charles, and, in fact, during no period of English history were so 
many rights secured as there were under the reigns of that mon- 
arch and his brother, two of the most inveterate absolutists that ever 
sat upon the throne. The reason was, that though these rights were 
not embodied in a constitution, they were alive in the people, who 
were bent upon seeing them recognized elements of the law of the 
land ; and so strong was this determination, that when, at last, the 
king obstructed the work, he was pushed aside, and another was 
called in who took his place upon the express condition, that, 
henceforth, the crown should act under the limitations imposed by 
the constitution. Thus the Restoration bestowed liberties, and the 
Revolution of 1688 secured them. It did more : it gave the Eng- 
lish the solid assurance, that all their liberties, old and new, Avere 
of equal weight before the constitution, and were alike constituent 
elements of their social organization. No matter when this liberty 
or that had risen to the surface, all were now made living ele- 
ments of the body politic, and when the Declaration of Rights was 
put forth, and Majesty did it reverence, personal freedom was set 
upon immovable foundations. 

Such were the three periods of the Great Revolution, of which 
the first two may be styled emphatically the Eras of Effort, and 
such were what they accomplished. In surveying this mighty 
movement from beginning to end, we cannot but be struck with 
this fact, that, though history repeats itself, the law of a people's 
development does not act, at any time or in any place, with the 
uniformity of those physical laws whose action can be measured 
and determined mathematically. The retrogression of the intel- 
lect is indicated by a regular and gradual relinquishment of its 
ground ; but its advance is marked by successive steps of unequal 
length, taken after unequal pauses ; and its expansion is charac- 
terized by efforts of increasing vehemence. In its condition of 



EFFECTS OF ENGLISH REVOLUTION ON THE COLONIES. 1 3 

effort, its action is irregular and spasmodic ; it advances, rests, 
takes breath, and once more rushes onward. In all progress of 
the mind, one thing strikes the observer with a force secondary- 
only to its achievements — its intermittent periods of repose, when, 
laying aside its aggressive character and patiently rebuilding the 
demolished fabric in another form, it gains a new point of de- 
parture for a still further advance. As each of these stages comes 
to an end and takes its place in the recorded past, it becomes a 
known and written chapter in the history of human development. 

The spectacle of such results as the Revolution of 1688 dis- 
played, had a great effect upon the English colonies in America ; 
but there were no physical effects (for the conflict did not reach 
these shores), except the settlement of certain portions of Ameri- 
can territory, notably New England and Pennsylvania, which was a 
direct result of the intellectual and religious disturbance of the 
times. But, apart from this, the importance of which can scarcely 
be overestimated, the colonies, when they had come to maturity, 
were profoundly impressed by the historical example presented : 
it concentrated their regards more steadfastly upon their char- 
tered liberties, which were great, and upon those which time and 
their situation had brought to hand, which were greater ; it popu- 
larized among them the knowledge of constitutional government ; 
it excited a keener appreciation of the freedom they enjoyed, and 
it inflamed their resolution to maintain its integrity. Such were 
the moral effects of the Revolution of 1688 upon all the colonies 
in the course of time, and such was its generating influence upon 
the northern part of the British territory in America. Further 
than that, however, it did not go. 

The Revolution of 1688 did not establish in America the con- 
stitutional government it had secured to England. What freedom 
existed, existed by the force of race instinct, of franchises ex- 
pressed in charters, or by the force of time and custom. The colo- 
nies, it is true, had already been in the enjoyment of some of the lib- 
erties the English did not secure to themselves until then ; but these 
had been quietly appropriated from time to time, or had grown up 
of themselves, thanks to the inducements to colonization which had 
to be offered in the shape of franchises, to the distance which ren- 
dered interference impracticable, to the disti actions of the gov- 



14 CONSTITUTIONAL LIBERTY. 

ernment by civil wars and discord, to the indifference of kings 
and cabinets, to the necessity of fostering good-will which the 
neighborhood of an aggressive rival created, and, above all, to 
their character of mere commercial dependencies. What liberty 
they had, then, was theirs by the force of circumstances, and not 
by the force of the English constitution ; it was liberty, but the 
liberty only of England before the Bill of Rights. They could 
not, therefore, be said to be in the constitutional enjoyment of 
popular representation, for their legislatures could be convened 
only by the breath of a king, by the same breath could they be 
dissolved, and their acts were subject to the scrutiny of a Board 
commissioned during the pleasure of the sovereign ; nor could 
justice be considered constitutionally administered, for the judges 
were not independent of the crown. As the laws of England were 
made for that country only, and therefore were confined in their 
action to the British Isles, the Habeas Corpus Act was of no force 
in the colonies. Thus, in three essential elements of free govern- 
ment, viz.: popular representation, administration of justice, and 
inviolability of the person, the colonies lacked the safeguards of 
either a constitution or the law. They practically enjoyed these 
rights, it is true, but the enjoyment was without any such guar- 
anty of continuance as Anglican liberty now insists upon and 
obtains the world over. 

In one thing, however, their condition was superior to that of 
their fellow-subjects at home : they were not weighed down by 
an Established Church, and, though toleration as a principle was 
not accepted, save in Pennsylvania and Rhode Island, toleration as 
a fact existed from the absence of any power which could pre- 
scribe faith or extirpate heresy. Moreover, their circumstances 
were not conducive to the division of society as it existed in Eu- 
rope, and the expansion of social life was therefore unrestrained. 
These two conditions Avere extremely favorable to the growth of 
liberty, and they account for the exercise of many rights which 
came to the surface when a state of society existed which imposed 
no limitations upon their growth but those of nature. But they 
were the results of natural law, regulated by municipal law ; 
they were not guaranteed by any constitution of the colonies, nor 
were they recognized by the constitution of England. 

On the other hand, the Revolution of 1688, in one way, worked 



COLONIAL POLICY OF WILLIAM III. 1 5 

positive ill to the colonies : it permitted the forces of absolutism 
to concentrate upon the weaker portions of the empire. The 
downfall of the Stuarts was the downfall of personal government 
in England, but not in America, and this country was forthwith 
regarded as the one where British absolutism had its last chance 
of success, and whither it must betake itself if it would regain 
what had been lost at home. 

The Americans owe no thanks to William the Third. What- 
ever he may be to England, to America he is the embodiment of 
Stuart absolutism. In colonial administration he simply took up 
the thread those arbitrary rulers had dropped, and, though king 
by the grace of a constitution, he went right on from where 
they had left off. He refused the colonies the liberty of the press, 
he withheld from them the writ of Habeas Corpus, and what he 
acknowledged as the personal rights of Englishmen he denied to 
be the personal rights of Americans. During his reign the Acts 
of Trade multiplied, not in the interest of commerce but of arbi- 
trary power, and, in a word, though compelled to play the part of 
liberator in England, he maintained, as covertly as he could, that 
of absolutist in the colonies. The administration of their affairs 
was taken from the Privy Council and was placed in a Board of 
Lords of Trade and Plantations, which, established in the time of 
Charles the Second, was now revived and invigorated with the 
energy that characterized the reign of the Deliverer.^ The osten- 
sible purpose of this Board was the care of provinces, whose 
■wealth and importance demanded an administration exclusively 
devoted to them ; but its constitution was such that it could be 
readily used by the crown for direct interference in the internal 
affairs of the colonies. Happily, colonial liberty was favored by 
the existing French occupation of the country beyond the St. 
Lawrence and the Alleghenies. So long as the British possessions 
were threatened from that quarter, the government felt itself un- 
der the necessity of cultivating the good-will of the colonies, and, 
to effect this, any thing like intrusion into their private affairs was 
discountenanced. Thus the dependencies were left to themselves 
to work out their political welfare, and Avhen the time came for 
absolutism to show its hand, and to effect its bidding by means of 
the Board of Lords of Trade and Plantations, it was too late : 

' See Appendix A. 



1 6 CONSTITUTIONAL LIBERTY. 

the colonies were by that time strong enough to take care of them- 
selves, and to retain, in spite of the throne, the self-government 
that had become as dear to them as it was to the people of Eng- 
land. 

During the reigns of Anne and the early Hanoverians, the dread 
of civil commotion which might disturb the placidity of the pal- 
ace, or endanger the hold of a ministry upon office, discounte- 
nanced any encroachment on popular rights at home, while, 
abroad, the menacing presence of the French on the Lakes and the 
Mississippi constrained the government, as has been said, to the 
cultivation in the colonies of a spirit of cordiality and affection. 
There existed at this time between the government and the peo- 
ple what politicians style an era of good feeling, and it was during 
this period that material prosperity and enjoyment of personal 
freedom attained their height in America. Although the first half 
of the eighteenth century is stained by the scandalous corruption 
which rendered the bribes of Walpole possible, the people every- 
where were left to themselves. They were injured, not by assault, 
but by having their defences taken away : for this corruption, 
with its rotten boroughs and sinecures, had the effect of diminish- 
ing the representative character of Parliament. That branch 
of government deserted the people, and, obedient to a law of 
political forces, the further it receded from the commons the 
nearer it approached the throne. With this dangerous symptom 
appeared another : the sense of security had persuaded the Eng- 
lish that their rulers did not need watching ; their ancient dread 
of the prerogative, consequently, became torpid, and, forgetting 
that arbitrary power never so much as slumbers, they suffered 
themselves to sleep. This lethargy, and the absence of defenders, 
invited attack, and, accordingly, a different order of things than 
any warranted by the constitution, raised its head and sought to 
gain a footing upon the accession of George the Third. It had 
not long to wait. The necessities of the government, which had 
been exhausted by a war that had embraced the globe in its strug- 
gles, supplied a pretext, and a course of action was pursued which 
was destined to end in the most remarkable attempt of arbitrary 
power to prevent the expansion of constitutional government 
known to English-speaking people since the times of Strafford. In 
the end it proved futile, and so signal was its failure, that the won- 



REVIVAL OF ABSOLUTISM. 1/ 

der is that it could ever be contemplated. But the scheme was a 
cunning one, and, at the time, had every promise of success; 
for, whatever injury ensued would seem the unavoidable result of 
a rightful performance of a function of government, while resist- 
ance, if any there were, would callforththe whole power of an empire 
whose integrity that resistance would threaten. Thus those who 
so lately had bound arbitrary power with fetters of brass, would be 
forced to do its work, and thus the hand which was mining the cita- 
del would distract the attention of the garrison by inciting a re- 
volt of the outposts. 

A deep-rooted feeling, which was general, also lent its support 
to the scheme. Ever since England possessed dependencies, 
there had always been manifested toward the dependent a sense 
of superiority on the part of the home citizens ; and, from time 
immemorial, the sentiment had prevailed, that, for the protection 
accorded by their government and for the tranquillity not paid 
for by the colonists, the latter should evince a due sense of 
subordination, and should not affect to be upon the same level 
with their protectors. This feeling, akin to that with which every 
people regard foreigners, was not original with the English, as the 
marks left by it long before upon the chronicles of other people 
abundantly testify : but, not to go back to the troubles which 
arose on this score between Rome and her provinces, it is enough 
to recall its sanguinary records in the revolts which, from time to 
time, stain the history of the relations that existed between 
Spain and her foreign possessions. In these, indeed, the feeling 
toward dependencies which usually had been acquired by con- 
quest, and whose inhabitants were of a different blood and a dif- 
ferent tongue from their conquerors, manifested a spirit of 
oppression in keeping with the despotic character of governments, 
which, far from considering their dependents exempt from bur- 
dens for which they were not responsible, regarded them as 
objects of imperial rapacity and plunder. Of such spirit and 
conduct toward their colonies, however, it need not be said that 
the freedom-loving Britons were not guilty — the less so, as the 
inhabitants of these distant countries were not a conquered 
people, but were the conquerers, and, being of the same race, 
were as English as themselves. Nevertheless, this sentiment, 
always strong enough to make itself felt, was, moreover, suffi- 



1 8 CONSTITUTIONAL LIBERTY. 

ciently energetic to play a part in politics, and thus it became an 
ally worthy the effort of short-sighted or unscrupulous ministers. 

Nothing was easier in those days of closed parliaments and 
sluggish circulation of news, than to delude the populace and 
arouse their passions ; and no means were more effective to carry 
a measure than wounded pride and insular prejudice. A word 
was sufficient — ^^that mere colonial dependencies, fostered for the 
benefit of home trade, actually interpreted their charters as erect- 
ing them into dominions ; that subordinates beyond the sea 
claimed for their puny legislatures the independence and the 
powers of Parliament ; and that those who slept under the shield 
of Great Britain insisted upon doing so, exempt from paying for 
their repose : these, and other like things, struck the vulgar mind 
as impudent in the extreme, and aroused in a moment the arro- 
gance which set its face like flint against any thing that looked 
like an attempt on the part of inferiors to put themselves upon an 
equality with their masters. The House of Lords, thronged with 
creations whose patents were still too fresh to be worm-eaten, 
naturally sided with the throne ; and the House of Commons, 
which, though Walpole and Newcastle had passed away, still 
knew too well its master's crib, hurried off in the same direction. 
Thus arbitrary power, when it precipitated upon the country the 
same conflict with freedom which England had terminated so glori- 
ously less than a century before, had upon its side not only public 
opinion, but the only means public opinion had to express itself, 
save the press ; and this it endeavored to silence before the last 
argument of kings had been reached. Never was a more singular 
spectacle beheld than that of a people who had been the only 
ones to establish constitutional government, frantically protesting 
against the extension of that boon to others of their race. But 
so it was ; and, though London and Bristol made demonstrations 
in favor of the colonies, the isolation of these great markets served 
only to show more plainly the general sentiment. No fact in 
history is clearer, than that, Ihroughout this struggle, public 
opinion in the British Isles was on the side of arbitrary power ; 
and that when friends were needed, constitutional freedom found 
few among that constitution-loving people. 

What appears from the history of those times is, that, until a 
tax, other than one imposed by themselves, was laid upon the colo- 



CULMINATION OF REVOLUTION. 1 9 

nies, the colonists were quiet, law-abiding, aad loyal. The mo- 
ment the offence which afterward led to rupture was committed, 
it was resented, but as soon as it was expiated, they relapsed into 
tranquillity, which was stirred only by the fervent expression of their 
loyalty, and broken only by the convulsion which followed the dis- 
covery that the government had been untrue to them. Then arms 
were taken up, not to avenge wrongs, nor to achieve independence, 
but to redress grievance — a distinction received in England with 
scorn. The immediate cause, then, of this outbreak was the 
arbitrary action of the home government. That the Americans 
were content with their liberties as they had them before the first 
act of oppression was committed ; that, upon the warning given 
by this act, they sought to constitutionalize these liberties ; that 
they did not take up arms with a view to independence, but to 
enforce a recognition of their rights by the constitution of Eng- 
land ; and that what grew into a revolt became such only when 
that recognition had become hopeless, is proof convincing that the 
Revolution of 1776 is a manifestation of the same force which 
produced the Revolution of 1688, and that the Americans simply 
fought over the same fight which the English themselves had 
fought before them. The motive of the conflict was the same ; 
the parties to it were the same, arbitrary power being on one side 
and the people on the other, and so far as the attainment of con- 
stitutional government is concerned, the results were the same. 
There, however, the parallel stops. Each succeeding revolution 
always takes a step further forward than its predecessor, and the 
American Revolution was no exception to the rule. The English 
Revolution stopped when constitutional limitations had been 
placed upon the sovereignty by popular rights : the American 
Revolution went still further, and boldly transferred the sover- 
eignty from the throne to the people. In doing this, revolution 
seems to have culminated ; for no revolution since this has done 
more. This last step could not have been taken had not the 
Revolution of 1688 set the Americans at a point of departure 
whence it must be taken ; and thus the Revolution of 1776 is a 
necessary sequence to that of England, or at least the final chap- 
ter of a broken tale. 

No event had ever before made so profound an impression on 



20 CONSTITUTIONAL LIBERTY. 

modern society as the American Revolution. History, it is true, 
exhibited a growing list of victories which freedom had gained 
over usurpation, but it was not an unbroken series, and the minds 
of men still refused to accept as an axiom the truth then estab- 
lished, that, with a just cause and unity of action, those who are 
determined to be free can be free. When, then, the world beheld 
communities which had been fostered solely for the purposes of 
peace, — communities harmless, unwarlike, feeble, remote from the 
sympathy of friends, cut off from human aid, and encouraged 
only by the dangerous applause of those who would make use of 
them ; when the world beheld such pigmies standing boldly on 
their defence against such odds, it washed its hands of the doom 
that awaited them. But when, the contest ended, it beheld ar- 
bitrary power lying in the dust, while what had been but colonial 
factories stood erect as free states, great was the revulsion of feel- 
ing. Pity and scorn gave way to admiration, and everywhere the 
oppressed took heart again ; for they could see for themselves 
how powerless force and cunning are against the resolution of 
the fierce spirit of liberty, and how impotent a giant clothed in 
brass can be before the stripling who comes in the name of the 
Lord. Henceforth the lad whose days had been passed in herding 
flocks Avas accepted in the sight of all the people. 

Patriots have at different times and in different places as- 
tounded the world and won its admiration by achieving at a blow 
the independence of their country or the sanctity of their hearths, 
and nations have earned the respect of mankind by the patience 
which has at last wrung freedom from niggardly time. Not so 
these people : they righted their wrongs too speedily to merit 
praise for the heroism that waits and is patient, and they valued 
their cause too highly to stake it upon the hazard of a single 
throw. What respect and admiration men gave them was given 
for more sober conduct : for their breadth and clearness of 
vision, their profound knowledge of constitutional liberty, their 
intense earnestness, their faith in the justice of their cause, their 
prudence which left nothing to chance, their endurance and self- 
sacrifice, their restraint in the hour of victory, and for the reason 
and judgment with which they rebuilded their violated temple. 
This is an exhibition of qualities rather than of deeds ; of qualities 
which may not be dramatic but which certainly are heroic. Had 



NEGATIVE ANTECEDENTS OF THE AMERICANS. 21 

these people sprung to arms from the bosom of society, and had 
they come before the world clothed with the traditions and man- 
ners of a past familiar to their neighbors, they could claim the sym- 
pathy of old associations, or, at least, engross the attention of the 
startled family of commonwealths. Or could they present such a 
motive as the overthrow of a foreign oppressor, the exclusion of a 
religion not their own, or even proclaim independence of present 
rule as their object, they might expect the immediate and atten- 
tive regards of mankind. But there was nothing of the sort : 
their present condition was as negative as their past had been, no 
foreigner oppressed them, their religion was their own, and inde- 
pendence, though a result, was not a motive. 

They were a remote people ; the Atlantic Ocean fixed its gulf 
between them and their kindred blood, and thus removed from 
Europe, they took no part in its affairs and affected it in neither 
one way nor another. They did not even constitute a separate 
state ; they were mere dependencies of a power which could 
number others like them in every quarter of the globe, and which 
power itself was not continental but insular. Scattered along an 
immense stretch of coast and back-lying uplands, they passed 
their existence in trade and in the fields, and, so far from any 
thing occurring in this simple life to call forth genius or heroism, 
hardly a bubble rose to the surface to indicate what was going on 
beneath. They had no literature, no great men, no ruins, no 
tradition, no history. Neither art nor song was beholden to them ; 
no past glory was theirs, nor the enforced respect of acknowledged 
power, and, without long years of oppression to move the hearts 
of their fellow-men, they had not even a claim to the world's com- 
passion. They may have added to the comfort of society, but 
that is all, and the history of civilization might have been written 
without their absence from its pages being regretted. Nor was 
the motive which impelled them on their glorious career much 
more positive. They took arms, not to gain more, but to keep 
what they had ; their material prosperity could hardly be bettered, 
and greater freedom than theirs it was not possible to attain ; for 
they governed themselves, and, exempt from imperial taxation, 
were yet protected by the empire. Of all people upon the earth, 
the Americans enjoyed the happiest lot, save in one thing, — the 
assurance of its continuance as a thing of right and not of grace ; 



22 CONSTITUTIONAL LIBERTY. 

they had.no Declaration of Rights. Thus without the attractive- 
ness or the misfortune which appeal alike to the sensibilities of 
ancient societies, devoid of antecedents, without which those 
organizations eye the intruder askance, and with no better reason 
for disturbing the common peace than the resolution to make 
sure what was already theirs, these little communities of planters 
and tradesmen betook themselves to their task, after invoking 
the God of Nations and appealing to the judgment of mankind. 
Yet, before their work was ended, the attention of the whole 
civilized world was riveted upon them. Humanity became 
moved to its deepest depths ; its hopes and fears rose and fell 
with their successes and defeats, and people held their breath 
lest a sigh should disturb the balance in which the pretensions 
of arbitrary power and the rights of free men hung so long in 
equal poise. 

Such were, or, rather, thus appeared to the beholder, the adver- 
saries of the most powerful empire the world has seen since the 
days of ancient Rome, and when the contrast between the con- 
testants is regarded, allowance must be made for the lukewarm- 
ness with which society at first met their appeal. But appear- 
ances were deceptive. Obscurity is not unfriendly to the growth 
of manly virtues, and the remoteness of these people frorn the 
agitation of the world had permitted the silent but vigorous de- 
velopment of qualities which make men heroic. The seclusion of 
their fields induced a contemplative disposition, and their afflu- 
ence preserving them from the sordidness of daily care, they could 
safely let the imagination wing its steady flight. Free inquiry 
never enjoyed better conditions of e-xistence than among these 
men, and freedom of conscience was theirs by inheritance. They, 
therefore, did have something, though it was not striking to the 
eye ; they had much, and, had their liberties been guaranteed by 
a constitution, the political philosopher would have beheld in 
their condition the realization of Utopia. But, so long had 
they been in the enjoyment of these liberties, they never contem- 
plated their loss, and they gave themselves up to the exercise of 
their rights without restraint. This taught them their use, and 
self-government made these men law-givers and statesmen. Lib- 
erty was to them as substantial a fact as their plantations, and 
they estimated its value as coolly ; it was certainly as essential to 



SPIRITUAL NATURE OF REVOLUTIONS. 23 

their well-being as their possessions were. They did not ap- 
«{3roach it timidly, nor as dilettanti, but boldly and with the con- 
fidence that grows out of habitual contact ; and to their famili- 
arity with the practical working of constitutional maxims must be 
ascribed that mastery in the art of governing which moved Lord 
Chatham to direct the eyes of those who would know how to conr 
duct states, not to the works 'of Greece or Rome, to the cabinets 
of Europe, nor yet to its parliaments, but to the little senates in 
the woods of America. 

What led these people, one after another, to throw themselves 
at the feet of the mother that bore them and implore her to with- 
draw her heavy hand ; what made them rise as one man in pas- 
sionate outcry against her ; what they did to avert her unjust 
wrath ; and how, one step leading to another, they at last cut 
themselves off from maternal rule, and started out into the world 
by themselves ; — all this is worth the telling. 

Events, such as wars, which close the action of violent forces, 
are too apt to exclude the attention from the course of that action 
and from its causes. Men love to dwell upon what strikes the 
eye, and nothing so fills the view as the sight of warring hosts. 
But revolutions are not affairs of battle fields. They run their 
course in the hearts and minds of men where batallions cannot 
enter, and they are ended when they have given a community 
something for it to protect against the world. Revolutions do not 
fight for society, but society fights to make good its revolutions ; 
for, what they bring forth needs protection, and, as revolutions 
are intangible, there is no power but that of society which can 
give the protection required. Hence, revolutions are followed 
by physical conflicts (for the intruder is never welcomed by the 
one whose place it usurps), which must not be confounded, how- 
ever, with the revolutions themselves. The real Revolution of 
1688 was at an end long before the Battle of the Boyne was 
fought ; and the real French Revolution was over when the 
National Guard was organized. In the same way, the Revolution 
in America was ended when the conflict of opinion terminated in 
the Declaration of Independence ; it was not the Revolution of 
1783, when the War for Independence came to a close, but it was 
the Revolution of 1776. The war was the closing scene only 



24 CONSTITUTIONAL LIBERTY. 

of a long struggle, and the real revolution was over before this 
began/ 

The story of no successful attempt for freedom is richer in the 
qualities which are necessary to make men worthy of being free, 
in the circumstances which impel men to be free, in the means 
they use to attain freedom, and in the knowledge of when, where, 
and how to strike the blow, than that which sets forth the differ- 
ent stages through which the American Revolution passed to the 
War for Independence. This it is which is here designed to be 
told, and the story of the final conflict will be permitted to rest 
as it has already been narrated, or as it is to be again told by 
others. 

First, however, to a better understanding of the causes and the 
events of the American Revolution, it is necessary, to observe the 
nature of the ground and of the actors ; what relations they 
maintained toward each other, toward the mother-country, and 
toward the world ; what they really were and what made them 
such ; and then shall we better appreciate what impelled them 
to become something else. 

The history of the Caucasian tribes in America has this advan- 
tage over the history of those tribes in Europe — the tribal advent 
is known, and its history, unbegotten by fable and unclouded by 
legend, can be followed, step by step, from one recorded fact to 
another, and in the clear light of day. When we reflect, that the 
colonists were English in origin, that they remained English as 
long as they Avere subjects of the king of England, that the acces- 
sions to their number were chiefly from the British isles, and that 
the Anglican migration owed its impulse in a great measure to the 
Great Movement or Revolution, we cannot but accept the period 
of constitutional development in England as one which profoundly 
affected American character. Reviewing, then, the career of the 
American people, from the time they came to these shores as 
Britons, to the time they became Americans, as well in fact as in 
name, it will be found that they passed through three successive 
stages or eras of development : 

^" But what do we mean by the American Revolution? Do we mean the 
American war? The revohation was effected before the war commenced. The 
revolution was in the minds and hearts of the people ; a change in their relio-- 
ious sentiments of their duties and obligations. * * * T"^^ radical change 
in the principles, opinions, sentiments, and affection of the people was the 
real American Revolution." — John Adams, " Life and Works," x, 283. 



TRILOGY OF ERAS. 2$ 

ist, the Era of Constitutional Development in England ; 

2d, the Era of State Development in America ; and 

3d, the Era of Constitutional Development in America. 

Looking back from the heights up which we are still toiling, it 
is plainly to be seen, that, from the beginning to the end of the 
First Era, the mastering spirit was Freedom of Conscience, — the 
form Free Inquiry took after it had once got its foothold, and 
which includes the free action of the mind as Avell as of the soul. 
This freedom the colonists brought with them, as in the cases of 
Rhode Island, New Jersey, Pennsylvania, Maryland, and Georgia, 
or, as with the rest of the colonies, developed after their arrival. 

During the Second Era a great step was taken. From the force 
of location and circumstances, certain qualities, which were in- 
herent in the colonists as members of a Teutonic tribe, enjoyed 
unmolested exercise, and, of a consequence, the controlling force 
of this Era will be found to lie in the undisturbed, free, and natural 
growth of Tribal Institutions. The State had silently grown to 
maturity, and had but to await the next and inevitable change to 
assert its existence. 

The Third Era is brief and convulsive. Free Inquiry, which, 
passing from things spiritual to secular matters, had given a con- 
stitutional government to England, now did the same for America. 
The freely-grown tribal institutions stood the shock of civil war 
unmoved, and displayed a degree of maturity little suspected. 
Under their protection, the Americans took a step further forward 
than any yet taken in the history of constitutional government 
— they transferred the sovereignty from the throne to the people ; 
or, as they would term it, returned the sovereignty to the 
hands whence it had first emanated. The individuality, which 
during the First Era, had been asserted in religion, and which, 
in the Second Era, had manifested itself in institutions, displayed 
itself, in the Third Era, in politics, and the ruling force of this 
stage of the country's development, may, therefore, be said to be 
Popular Sovereignty. 

Throughout all these eras the Spirit of Liberty is manifest, and 
the freedom of the individual is clearly the expansive force. 
During the First Era liberty was violent. It had to force its way ; 
and, uncertain of its footing, it hacked at obstacles it could not 
wait for time to remove. Its action, therefore, was characterized 



26 CONSTITUTIONAL LIBERTY. 

more by vehemence than reason. But, transferred to America, it 
appears wholly changed ; and the Second Era finds it watchful, 
patient, ruminative, and constructive. It became a tiller of the 
soil ; it pruned with discretion ; and its business seemed to be, to 
wait on time, to tend the growth of institutions, and to see that 
nothing interfered with them. This task accomplished, it again, 
in the Third Era, took upon itself another character. It resented 
intrusion ; it stood upon its defence ; it defied assault ; it was 
bitter, uncompromising, and fierce. It ran to meet its enemies ; 
activity was in every motion. To save an institution, it did not 
hesitate at staking the existence of a people ; and, provided the 
institutions were left unharmed, the country itself might lie in 
ruins. But, in this Era, it was any thing but irrational ; its vehe- 
mence was controlled by reason ; and, as it was not so much 
violent as fierce, it drew the sword only after calculating the blow. 
As soon as it had achieved its purpose of establishing popular 
sovereignty under the limitations of a constitution, its fierceness 
departed from it : the work for the time was over, and it became 
calm. 

In order to understand the American Revolution, this whole 
Trilogy of Eras requires equal study and reflection ; but, accord- 
ing to the design of this work, the First Era needs no more discus- 
sion than what it has here received. We can, accordingly, pass to 
the Second Era, which is the first that is purely American. 



PART II. 

THE ERA OF STATE DEVELOPMENT IN AMERICA. 

•■;.■ * * !■<■ ^g gouvernement portant avec lui la prosperite, on 
verrait se former de grands peuples dans les forets me/nes qu' elk 
enverrait habiter" 

Esprit des Lois, liv. xix, chap, xxvii 



27 



CHAPTER II. 

TI-IE SIX CAPITAL SOURCES TO WHICH MR. BURKE 7\.T- 
TRIBUTED THE FIERCENESS OF AMERICAN LIBERTY. 

Descent — Remoteness of Situation — The Forms of the Colo- 
nial Governments^ and the Political Relations of the 
Colonies, 

HEN Mr. Burke, in his speech on conciliation with 
America, sought the causes that made liberty in Ameri- 
ca fierce, his analysis led him to these six capital sources : (i) 
Descent ; (2) The Colonial Forms of Government ; (3) Religion 
in the Northern Provinces ; (4) Manners in the Southern ; (5) 
Education ; and (6) Remoteness of Situation. 

Political philosophy has accepted this analysis as true, so far as 
it goes, but not as altogether complete. The political relations 
of the colonies to the mother-country and to each other, for in- 
stance, were such as assisted their self-development in an extraor- 
dinary manner, and thereby served to render their spirit of liberty 
fierce ; and their commercial relations to Great Britain were so pe- 
culiar as to affect their character no less remarkably. Doubtless 
these political relations were included by Mr. Burke in his medi- 
tations upon the Forms of Government, although in the Speech he 
neither drew the distinction that existed between them nor ex- 
hibited their relationship ; and though it is hardly possible that 
this thoughtful and sagacious philosopher overlooked the political 
and moral effects exerted upon the colonial constitution by the 
commercial relations which he himself recognized as " the corner- 
stone of the policy of this country with regard to its colonies," ' 

' Speech on American Taxation. See, also, post p. 209, the positive utter- 
ances of John Adams to the same effect. 

29 



30 CONSTITUTIONAL LIBERTY. 

yet these relations were treated by him simply as components of 
an existing system which affected the interests of the whole em- 
pire. Time, however^ has at last set us at that point where an 
ordinary observer can gain a broader view of the subject than was 
possible for even the most far-seeing of those days ; and the po- 
litical relations are perceived to be such adjuncts to the forms of 
government as to justify their being coupled with them as political 
forces, while the commercial relations are seen to be so peculiar 
and so comprehensive, and to exert such force in developing con- 
stitutional liberty and rendering it aggressive, as to warrant their 
distinct addition to the causes of fierceness already assigned. It 
shall be one of the aims, then, of this treatise to set forth the ex- 
tent to which these political and commercial relations were expo- 
nents of American character, and to show, also, how, as active ele- 
ments, they affected its formation and development, and served to 
render the spirit of colonial liberty fierce. Accordingly, the po- 
litical relations of the colonies will be found embraced in the 
consideration of the Forms of Government, and the commercial 
relations will be the subject of distinct discussion. 

I, ir. — Descent, mid Remoteness of Situation. 

Concerning the " capital source," Descent, it is to be remarked, 
that, if purity of tribal blood is meant thereby, this is to be 
accepted or rejected as a cause according to the notions of the 
subject entertained by the observer. There are those who main- 
tain that purity of tribal blood is essential to vigor of race ; but 
there are others who, asserting purity of race to be indispensable, 
see in the mixture of tribal bloods an element of greater race 
vigor and activity. A discussion of the subject would only be 
argumentative'; a style foreign to a process which seeks in facts 
only that are established the historical plan they contain. This 
cause, therefore, may be disrTiissed without further consider- 
ation. 

The source, Remoteness of situation, likewise, needs but brief 
observation. It may be styled the physical one of the six causes, 

^ Burke, himself, confined his observation on Descent as a cause of fierceness 
to the fact that the colonists were Englishmen, and "therefore not only devoted 
to liberty, but to liberty according to English ideas and on English principles." 
The term "descent" thus scarcely appears sufficiently expressive of the true 
cause. 



DESCENT AND REMOTENESS. 3 1 

and as such it is the one most tangible and most striking to the 
eye. It speaks for itself, though it is more exact to say, that, by 
this term, the laissez-faire policy of Great Britain toward the colo- 
nies is meant rather than distance ; a policy which was induced 
in the beginning by the fact that the colonies were too remote 
to allow of governmental interference in their affairs. It is ob- 
vious that the indifference, as it has been called, of the home 
government to the domestic affairs of the colonies, was, in a 
measure, compelled by the impossibility of immediate action at 
so great a distance, supposing interference to be contemplated. 
This was in the highest degree beneficial to the colonists, inasmuch 
as they were thus enabled to develop by themselves their charac- 
ter and powers in a condition that had no restraints put upon it 
other than those imposed by the law of nature. Nothing stunts 
the growth of freedom so much as the paternal care of govern- 
ment ; and it requires no argument to prove, that, unembarrassed 
by external interference, one at least of the conditions of colonial 
life was exceedingly favorable to the self- development that always 
invigorates liberty. 

With this brief notice of two of the sources whence, according 
to Mr. Burke, there flowed a fierce spirit of liberty in the British- 
American colonies, we shall pursue the consideration of the others 
mentioned by him, in the order in which he has placed them. 

III. — llie Forms of the Colonial Governments, and the Political 
Relations of the Colonies. 

The forms of colonial government and the character of the 
relations existing between the English colonies in America and 
the mother-country appear at a glance, when those forms and 
character are compared with the forms of Roman and Greek 
colonial government and the relations which the Roman and Greek 
colonies held toward their sources of origin. 

The colonies of Rome were of four kinds : Roman, Latin, 
Italian, and Military. The Roman colonies were so called from 
the fact that they were composed of Roman citizens; the Latin, 
from their being selected from the Latins ; the Italian from 
natives of Italy who were neither Roman nor Latin ; and the 
Military were made up of garrisons and discharged soldiers. 



32 CONSTITUTIONAL LIBERTY. 

These last had the same rights as the Roman colonies. Some 
of these colonies were established in Italy, but others, like the 
Italian, were planted outside the boundaries of the peninsula. 
Neither the Latin nor the Italian colonies possessed the same 
rights as did the Roman and the Military. All these colonies 
resembled the municipal towns with right of suffrage, in that 
they received the laws of Rome ; and differed from the allied 
states, in that they adopted also her form of government and in- 
stitutions. Since the municipal towns generally imitated these 
of their own accord, it was natural that the difference between 
them and the colonies should be very sHght. We, consequently, 
find the same names of magistrates and institutions in both.' 

From the earliest times the inexorable law of Roman conquest 
was, that the lands of the conquered were seized upon by the 
state. As soon, therefore, as the Romans got possession of a 
conquered territory, they sent colonists from Rome to inhabit it 
in conjunction with its former inhabitants, or to build a new city 
— for every province had, for its capital, a walled town. In this 
way Rome gained two benefits : additional territory, and relief 
from the surplusage of its dangerous classes. Each colony was 
the result of deliberation, and was conducted in accordance with 
a law passed for the especial circumstance. After the proper 
l)reliminaries, political and religious, had been performed, com- 
missioners were appointed, and, under their guidance and the 
protection of the military, the colony proceeded to its appointed 
place. There, if a new city was to be built, the ploughshare ran 
its lines. If no new city was necessary, but all that was required 
was, that the colonists should be mingled with the ancient inhabi- 
tants in sufficient force to overawe and control them, then their 
chief work seems to have been to assimilate the subjugated to 
Rome, as closely and as rapidly as possible, in language, laws, 
customs, manners, and institutions. ° 

In this brief sketch of Roman colonization, it is impossible to 
overlook the fact, that the government was the head and front of 
the undertaking. The territory was almost invariably that which 
had been reduced to the possession of the commonwealth by the 
force of the public arms. No colony could be thought of, until, 

' " Fuss Rom. Antiq.," Oxford trans., 1840, cap. i, §§ ii8, et seq. 
'^ Id., cap. ii, §§ 241 et seq. ; Bracket. 



GREEK AND ROMAN COLONIZATION. 33 

not only the consent of the state had been given, but the mode in 
which the work should be performed had been signified through 
an act of the legislature. Then, under the guidance and control 
of commissioners selected by the government, it started on its 
journey under the armed protection of the state, and found, on its 
arrival at its destination, its immediate duty to be that of creating 
a subordinate and miniature Rome. In modern times, when we 
observe attentively the settlements of the French in Canada and 
Algiers, we cannot but be struck with a resemblance to the colo- 
nies of Rome, which can be accounted for only by that natural 
proclivity which springs from an infusion of Latin blood, and 
from the impressions stamped on the Gallic character in those 
ages which reach back to the colonies of Narbo and Lutetia. In 
France, the founding of a colony is the work of the government ; 
it is planted under the protection of the military ; it relies upon 
the armed force of the state, and its first and last duty is to assimi- 
late the new acquisition in langiiage to the French, in laws 
to the Code Napoleon, and in manners to those of Paris. When 
the military assures ample security for the experiment, the capital 
of the colony becomes, as we have seen, a miniature Paris, just as 
Verona, Treves, or Lutetia became miniature Romes. 

Among the Greeks, the usual object in founding a colony was, 
either to relieve the state of its redundant population, or to facili- 
tate trade. These colonies date from a very early period, from 
the invasion of the Heraclidas, in fact, and being chiefly situated 
on the coasts of the adjacent seas, they frequently rose, through 
the advantages of their situation, to a pitch of prosperity sur- 
passing even that of their parent states. The Greeks were far 
more truly a colonizing people than the Romans. 

Though the colonies went forth under the auspices of the state, 
and though their connection with it was marked by the same em- 
blems of coinage, the same deities and the same festivals, the 
government assumed no such paternal attitude in respect to it as 
did Rome toward its colonies, which were ever looked on as in 
statu piipillari. The colony was regarded, indeed, in its relations 
to the state, as a daughter to the mother ; but -it was regarded, too, 
as a daughter who was to have her natural growth, and who, in 
the course of time, was to assume the rights and duties of adoles- 
cence. In a political point of view, therefore, the mother country 



34 CONSTITUTIONAL LIBERTY. 

and the colony, though united, were properly quite distinct, and 
the former never interposed but on extraordinary emergencies, 
when its aid was implored against foreign enemies, or its media- 
tion required in civil broils. In all matters of common interest, 
the colony gave precedence to the parent state, but this did not 
imply any sovereignty or permanent yyefj-ovia of the latter, any 
right to trench on the poUtical independence of its offspring, nor 
any closer connection than that imposed by the ties of kindred.' 

Moreover, the Grecian system of colonization differed from that 
of the Romans in this, that under the former the colony always 
had a founder, to whom were eventually given the honors of a 
hero, or demi-god. This fact of itself marks a great difference 
from that system under which the state, and the whole state, was 
the founder. The Greek colony was expected to grow of itself ; 
an expectation which, their history shows, was uniformly realized. 

It will at once be seen, that, differing though they do from both 
Grecian and Roman, the English colonies resemble more closely 
those of the Greeks. In their foundation the government acts no 
great part, but they are led forth by some prominent leader or by 
a company. In their political relations, they are connected with 
the parent stock as daughters are with their mothers ; but they 
are expected to make their own way, when able to do so, and 
to assume the rights and obligations which time imposes on all 
who set up for themselves. While they are unquestionably united 
with the mother-country, they are, nevertheless, distinct from her, 
and owe allegiance only to the person of the ruler, who never 
interferes with them except on extraordinary occasions. They are 
self-governing, and, in every thing but allegiance and what affects 
the empire in common, are independent of the parent and of each 
other. ^ In fact, if the resemblance between the French and Roman 
systems of colonization is a marked one, still more so is that exist- 
ing between the Greek and English. 

' For the subject of the Greek colonies see the work of Heeren, and also 
Heimann's " Politic. Antiq. of Greece," cap. iv, §§ 73, et seq. See further, 
" History of Colonization of the Free States of Antiquity Applied to Contest 
between Great Britain and her American Colonies," 1777 ; John Symond, in 
opposition to preceding, in "Remarks upon an Essay," etc.; Adam Smith's 
" Wealth of Nations " ; Sainte Croix, " De I'etat et du sort des colonies des an- 
cins peuples," Philadelphie, 1779; Barthelemy, " Voy. du j. Anach."; Raoul- 
Roch., t. iii, 15-50. 



COLONIAL GOVERNMENTS OF AMERICA. 35 

Though resembling the Grecian system of colonization, the 
English differed from it in this, that, except indirectly, the crown 
took no such prominent part in the foundation of the colonies as 
the Hellenic governments did. It granted them franchises, and, 
in return for their allegiance, the throne owed them protection ; 
but this was the whole extent of governmental action and responsi- 
bility. Sometimes the crown followed the examples set by other 
colonizing powers, and ruled the colony as a province, with a gov- 
ernor appointed by itself with something like vice-regal powers ; 
sometimes the crown granted large tracts of land to individuals, 
as is seen in the case of the proprietary colonies, and these were 
invested with palatine powers ; and again the crown permitted 
the settlement of a colony by individuals who organized society 
under laws which were not to conflict with those at home, nor 
with the interests of the throne. But whether the colonies were 
royal, proprietary, or chartered, their development was left to the 
enterprise of the colonists ; and the government, which stood 
ready to share in the advantages of the undertaking, while, at the 
same time, it held guardedly back from incurring any risk, limited 
its action to simple encouragement and to the barest direction it 
was forced to exercise as a ruler.^ 

As is here indicated, the thirteen colonies were of three kinds : 

First, the Royal or Provincial Governments ; 

Second, the Proprietary Governments ; and, 

Third, the Charter Governments. 

The Royal or Provincial Governments were characterized by a 
delegation of the royal authority to a Governor, as the King's 
deputy. At the same time, and by the same authority, a Council 
to assist the Governor was appointed. When the Legislature of 
the colony met, this Council formed the Upper House. The 

■' This was clearly shown in tlie case of Virginia, where the governmenf suf- 
fered the coioni'its to take all the trouble and risk ; and only awoke to a knowl- 
edge of their existence, when it could share the tobacco crop. In the same way 
Pennsylvania and New England were left to shift for themselves, until they 
affected trade and revenue. Then they received attention. The Council of 
Massachusetts used the following language, January, 1773, in an "Answer to 
Gov. Hutchinson." 

" The dominion of the crown over this country Ijefore the arrival of our pred- 
ecessors v/as merely ideal. Their removal hither realized that dominion ; and 
has made the country valuable both to the crown and nation, witho2it any cost 
to either of thim from that time to this. Even in the most distressed state of our 
predecessors, when they exi-ected to be dest7vyed by a genera/, conspii'acy and inva- 
sion of Indian natives, they had 710 assistance from them," 



36 CONSTITUTIONAL LIBERTY. 

Council was thus not only a cabinet but a senate, which assisted in 
making the laws of the colony. Over this legislation the Gov- 
ernor exercised the veto power, and the right to prorogue and 
dissolve. When a law was passed and signed, the King signified 
his approval or disapproval. In the Governor's hands, also, was 
lodged the power to establish courts, to raise military forces, and, 
in general, to perform all needful executive acts. 

The Royal or Provincial colonies were New Hampshire, New 
York, New Jersey, Virginia, North and South Carolina, and 
Georgia. New Jersey and the Carolinas, once Proprietary, had 
become Provincial Governments before the Revolution. 

The Proprietary Governments were where the King granted 
rights and privileges to subjects who were Proprietaries of those 
colonies, and who held the territory, according to the general 
tenor of legal opinion, as a feudal principality.' Certain it is, that 
the Proprietary exercised regal power in appointing the Governor, 
in calling together the Legislature, and in approving or disapprov- 
ing the laws enacted. They were quasi Palatinates. 

Maryland, of which Lord Baltimore had been the first Proprie- 
tar}^, and Pennsylvania and Delaware, of which William Penn had 
been the first Proprietarj^, were the only governments of this de- 
scription at the time of the Revolution. 

The Charter Governments, unlike the Royal and Proprietary, 
were democratic in their nature ; the powers and rights being 
vested by a charter in the colonists, who selected their own Gov- 
ernor, Council, and Assembly, though in Massachusetts the Gov- 
ernor was appointed by the King. 

Massachusetts, Rhode Island, and Connecticut were the only 
charter governments existing at the time of the Revolution. 

This diversity of constitution is owing to the different times 
and circumstances of settlement, and also to the different charac- 
ter of the settlers ; and it shows how distinct the colonies Avere 
from one another.^ They were, in fact, separate and distinct 
bodies in separate and distinct territories. Each held the title to 

^ J. Adams, " Canon and Feudal Laws ": but see " Story on the Constitution," 
i, c. xvii, § 172, and 14 " Pennsylvania State Reports," 492. 

'^ " I know of no American constitution ; a Virginia constitution, a Pennsyl- 
vania constitution we have ; we are totally independent of each other," — Gallo- 
way's speech, " Life and Works of John Adams," ii, 390 : " Story on the Con- 
stitution," i, prelim, chap., c. xvii, § 177. 



DISTINCT AUTONOMIES. 3/ 

its territory by a gi-ant separate and distinct from its neighbors, 
and, as allegiance was an act of the person and related to the 
crown, there was nothing else political whatever in common be- 
tween them. The colony of Massachusetts was as distinct from 
the colony of Pennsylvania, as it was from the colony of Jamaica. 
As colonies they were distinct and separate peoples ; as far as 
their relations to the crown were concerned, each owed it its own 
individual allegiance, and the crown, in return, owed it protection 
and the free enjoyment of granted franchises, without the slight- 
est reference to any other colony. Had Virginia owed her al- 
legiance to the crown of France, and Maryland her allegiance to 
the crown of Spain, they could not have been more distinct and 
separate bodies politic, in relation to each other, than they were 
when both bore allegiance to the crown of Great Britain. A Brit- 
ish subject indeed, residing in one of these colonies, would have 
had certain rights Vv'ithin the territory of the other, had he chosen 
to transfer his residence thither and exercise them, and some did 
he not so choose : as the right to own property there, to inherit . 
lands, and the like. But this he had from no unity of the col- 
onies, express or implied, but simply from tlie force of his being a 
British subject ; a fact which gave him these rights in whatever 
part of the empire they might fall — as well in the Bermudas or 
Bengal, as in New York or the Barbadoes. In a word, they were 
separate and distinct autonomies, of which the citizens of one, 
from the fact of bearing allegiance to the same crown, were not 
aliens to the citizens of the others. As subjects they could make 
no treaties with each other ; as subjects they could not be taxed 
without their consent ; and as, from their remoteness from the 
capital, representation was impracticable, they really taxed them- 
selves, and under whatever form they might be. Royal, Propriet- 
ary, or Charter, they were practically self-governed. 

Dr. Robertson expresses his surprise, that the charters should 
have found favor in the eyes of the colonists, since, in their t^-rms, 
they bestowed so little and withheld so much.' Had he reflected, 
however, that, of the thirteen colonies, three only had charters 
at the time he wrote, he would have seen that it was not these 
few charters which caused the feeling so general throughout the 
land, and which was common with all whether chartered or not, 

^ " America," b. g. 



38 CONSTITUTIONAL LIBERTY. 

but that it was something else. What charters there were, it is 
true, did not, in their terms, bestow every thing free men could 
desire ; but they did give something to a colonist which was not 
conceded to an Englishman. They gave him freedom of con- 
science, either expressly or by implication, and they had to recog- 
nize the fact, that communities planted in a distant desert, must, of 
necessity, govern themselves in very many respects. These were 
all important concessions by the sovereign ; concessions impor- 
tant not only in the franchises granted, but in what they threw 
open the doors to. 

The charters were always looked upon as compacts between the 
king, acting on the behalf of the nation, and the first planters 
or settlers. Though this view of them might not satisfy the strict 
technicalities of legal construction, it was one never disputed 
until the days of the Stamp Act ; but was accepted by political ■ 
writers in England and acted upon by both the crown and the 
colonists. By this compact, it was considered, the nation solemnly 
promised, that if the adventurers, at their own cost and charge, 
and at the hazard of their lives and every thing dear to them, 
would purchase a new world, subdue a wilderness and thereby 
enlarge the king's dominions, they and their posterity should 
enjoy such rights and privileges as were expressed in their respec- 
tive charters ; which, in general, were all the rights, liberties, and 
privileges of his majesty's natural-born subjects within the realm 
of England.' 

The charters, then, being inducements to settlers to undertake 
what was a hazardous venture, the same reasons which urged the 
crown to hold out these inducements, led it also, after the settle- 
ment had taken place, to abstain from any act which might add 
the weight of its hand to the burdens nature lays upon every 
community that invades its wilds. The first steps of the colonies 
were thus unhampered ; the more so as the poverty of the settlers 

^ Extract from a letter from the Hottse of Rep. of the Mass. Bay to their agent 
Dennys de Bcrdt, London, 1770: "Although the crown might not have a right 
to grant such exchisive privileges, yet the grants having once been made, and 
the colonists having settled upon the faith of them, they doubtless acquire a 
sanction and an authority which nothing but tlie most urgent necessity can 
justly alter. Though wrongly given, they are righlly establi.shed, and it would 
be much more wrong to take them away." " A. Short View of the History of 
the New England Colonies," by Israel Mauduit, 4th ed., 1776,7. Even Sir 
Joshua Child admitted the sanctity of the charters, though neither he, Gee, nor 
Ashley showed any deference to them. 



CHARTERED LIBERTIES. 39 

and the hazard of the venture offered little temptation to the 
doubtful patronage of monarchs. Thus left to themselves to 
make good their footing, the colonists were compelled to exercise 
powers which belonged solely to the sovereign, and they did so 
unchallenged by the only power that had a right to question them. 
This was liberty ; and no vigorous people, after once enjoying 
liberty, have ever been known to show any thing but pleasure at its 
possession. The public mind does not affect nicety of distinction, 
and as it was natural that the people should unite in the same 
view, the liberties they had acquired with those which had been 
granted, it was natural, too, that they should accept what was 
visible and tangible as the representative of what was not so, and 
symbolize by the word "charter" every liberty they possessed. 
Thus, what Dr. Robertson deemed an attachment to charters was 
really an attachrnent to personal liberty. If this be not so ; if it 
be not the many liberties acquired, but rather t!ie few franchises 
granted, which the colonists regarded with such veneration, how 
are we to account for the same feeling in the ten colonies which 
had no charters ? Only by that fact. The same conditions of 
colonial existence caused the same benign indifference on the 
part of the crown, and this benignity was recorded in the com- 
missions of the governors in terms to which time soon lent the 
force of custom, and which, in the royal colonies, became equiva- 
lent to charters, so far as franchises are concerned.' The people 
of these colonies,' likewise, had to exercise the powers of govern- 
ments as those of the chartered colonies did, and this exercise was 
recorded in the laws ; the crown had to recognize the acts of 
sovereignty in their case as in that of the others ; precedent was 
as forcible here as there, and thus, in the course of time, liberty 

' " The commissions to the governors contained the plan of government, and 
the contract between the king and the subject in the former \i. e. the royal 
governments], as much as the charters in the latter" \i. e., the charter govern- 
ments.]. Novanglus, " Life and Works," John Adams, iv, 126 : " As to those 
colonies which are destitute of charters, the commissions to their governors have 
ever been considered as equivalent securities, both for property, jurisdiction, 
and privileges, with charters ; and as to the crown being absolute in those colo- 
nies, it is absolute nowhere." Id., id., 127. 

" If the first commissions from the crown to the governor of any colony, and 
the forms of government prescribed by such commissions, are a precedent to be 
followed in all succeeding commissions, and a system of laws once approved by 
the crown cannot be repealed (all which is contended by the inhabitants of the 
royal governments) the charter to the Massachusetts was not so great a boon as 
our forefathers generally imagined." — " Hist, of Prov. of Mass. Bay" (.Hutchin- 
son). Ed. 1767, ii, II. 



40 CONSrirUTIONAL LIBERTY. 

became as well assured among them as among their neighbors. 
The term "chartered liberties" lost in the three colonies its 
strictly technical sense, and, in all, it acquired the meaning of 
liberties which had recorded precedents to sustain them ; and 
thus it is that so significant an attachment to charters originated, 
and that the Americans made so much of this term. 

These governments, though diverse in constitution, were, never- 
theless, one in spirit, as a comparison of the annals of the most 
important ones clearly shows. For, though the terms of the char- 
ters varied, and we find the utmost dissimilarity existing between 
the ideas and institutions of the different colonies in the early 
stages of their growth, nevertheless, the operation of time, the 
similarity of circumstances, the identity of motives, and, above all, 
the same common law,^ seem to have bent the whole family in 
one direction, so that, when ready to assert their independence, 
common notions of free government and of what constituted civil 
liberty governed all the members alike, and community of inter- 
est caused all to act together. 

The first colonial government that we are to notice may be^ 
said to differ from the rest of the mass. It was so thoroughly 
monarchical, that, at one time, James L, and afterward Charles I., 
might be styled the absolute monarchs of what, at a later day, was 
formally annexed by Charles I. to the realm of England, and ad- 
herence to monarchical rule was so much the characteristic of the 
people, that they not only exulted in the name of their territory 
derived from the virgin queen, but their pride of loyalty added 
still another designation to the land, that of the Old Dominion. 
Yet, when the time came, Virginia was among the foremost in the 
assertion of independence. 

The first charter under which Virginia was colonized was one 
granted to a company, and it may be briefly and negatively de- 
scribed as one which did not concede in terms the right of self- 
government. This charter was from time to time revised. The 

' The colonists carried with them the common law. See Lord Mansfield in 
Hall V. Campbell, Cowp. R. 204, 211, 212 ; and Lord Ellenborough in Rex v. 
Brampton, 10 East R. 282, 288, 289. But, even if they did not, as Blackstone 
maintains, i " Comm.," 107, nevertheless, with the single exception of Pennsyl- 
vania, every charter contained a clause expressly declaring that all subjects and 
their children should be deemed natural-born subjects, and as such enjoy all the 
privileges and immunities thereof ; and, either expressly, or by implication, it 
was provided that the laws of England, so far as applicable, should be in force. 
See further, Stokes' "Hist. Colon.," 20, 23, 149, 184, 1S5. 



THE VIRGINIA CHARTER. 4 1 

company was authorized to engage as colonists any of the sub- 
jects of the British crown Avho should be disposed to emigrate. 
All persons being British subjects and inhabiting the colony, and 
their children born therein, were declared to have all the liber- 
ties, franchises, and immunities within any other dominion of the 
crown, to all intents and purposes, as if they had been abiding in 
the realm of England. The patentees were to hold their lands in 
free and common socage, and not in capite} In respect to politi- 
cal organization, the colony was to be governed by a local coun- 
cil, appointed and removable at the pleasure of the crown. This 
council was to be under the supreme management and direction 
of another council sitting in England, and a duty was imposed on 
all persons trafficking with the colony, and the colonists them- 
selves were prohibited from trading with foreign countries.'' This 
charter, similar to the one under which New England was after- 
ward settled, was altered in 1609 and 161 2, without any impor- 
tant change, however, as to. the civil or political rights of the colo- 
nists, and it is the illiberal tenor of this instrument which caused 
Dr. Robertson^ to express his surprise, that the colonists were 
satisfied with what gave so little and withheld so much. But, as 
the colony increased in numbers and importance, its tone waxed 
more and more self-reliant and independent, until, under the con- 
tinued relaxation of company rule, it called together, in 1619, a 
general assembly composed of its own citizens, and this first rep- 
resentative legislature in America, whose existence was sanctioned 
by an ordinance of council, in 1621, remained ever after, except 
during a suspension in the reign of Charles I., a permanent 
feature of the colonial government. The company having lived 
long enough to confer on Virginia the boon of what was practi- 
cally self-government, had its grant of franchises forfeited in pro- 
ceedings under a writ of quo warra7ito in 1624, and the govern- 
ment of the colony became immediately dependent on the crown. 
Henceforth, Virginia was a royal province.^ It was annexed by 
Charles I. to the crown, its assembly was not convened, and it 
might have continued to be ruled despotically, had not the neces- 

^ That is, by services wliich are free, honorable, and certain, as opposed to 
those that were free, honorable, but tmcertain. 
'^i Haz. "Coll.," 50 ; Marshall's " Colon.," 26. 

^ " America," b. g. 1 

*i Haz. "Coll.," 220, 225. 



42 CONSTITUTIONAL LIBERTY. 

sities of the king responded to the demands of the colonists (who, 
liaving once tasted the sweets of self-government, were not dis- 
posed to give them up), by calling together the legislature under 
the direction of Sir William Berkeley, whose favorable disposition 
toward the colonists enabled them to take great steps in the art of 
o-Qverning themselves. The natural proclivity of the colonists 
assisted the direct efforts of the government, and the common 
law, itself favorable to the growth of free principles, was estab- 
lished as the law of the land. The effect of this ancient body of 
laws and free customs, however, was in some degree counterbal- 
anced by the establishment of the Church of England as the 
colonial church, and the adoption of all the intolerant notions 
then characteristic of the age and family that sat upon the throne. 
The distribution of property on the death of the owner followed 
the course prescribed by the laws of England, and, thoroughly 
conservative and aristocratic indisposition and in its social struct- 
ure, Virginia displayed, to an overweening extent, the fondness of 
the race for the soil, and its love of territorial accumulation, by 
going beyond the mother-country in obstructing the alienation of 
land, and by supporting entailments in a manner which surpassed 
the rest of English society in stringency. She constituted the 
most prominent example of a royal colony, or what might almost 
be called a royal province. She was conservative ; she loved 
royalty and its belongings ; her large estates, the absence of any 
great, balancing middle class, and the absolute, personal owner- 
ship of her labor, made her extremely aristrocratic ; and her 
pride lay in her fidelity to what the northern colonies were learn- 
ing to dislike. But as, reacting, this very social organization 
strengthened the conservatism and haughtiness of which it was 
the expression, so it made her sensitive to the infringement of 
personal rights, and called into existence ideas of personal liberty 
which stubbornly maintained their position. While the constitu- 
tion of her government was verging on absolute rule, the indi- 
viduals who were governed were fiercely free. As long as they 
had their freedom, they snapped their fingers at the terms of 
charters, the commissions of governors, and the avidity of kings. 
In fact, the growth of no colony displays so forcibly the rise of 
positive liberty under the quickening influence of benign indiffer- 
ence on the part of the home government for the management of 



NORTHERN FORMS OF GOVERNMENT. 43 

colonial affairs, and in spite of fettering charters, as does that of 
Virginia/ 

With this exception of Virginia, the governments of all the 
other colonies may be said to be very much alike in character and 
form, and may all be described in a breath as being of the very 
opposite in nature from that of Virginia. In a word, as she was 
aristocratic in social constitution, they were democratic, with the 
exception of New York, Maryland, and, to a certain extent, the 
colonies south of her. The share taken by the people in the 
government was much greater in the colonies north of her ; for, 
popular representation having been, in their cases, assured to 
them by the crown at a very early day in their history, some of 
them might almost lay claim to being styled veritable democra- 
cies. 

Proceeding north, we coniie at once to Maryland, where the dis- 
tribution of power, involving as it did that of the people, seems 
to have been dictated by great sense and prudence. In its char- 
ter, probably composed by Calvert himself, an independent share 
in the government was reserved to the colonists ; for representa- 
tive government was secured by the provision that the assent of 
the people, in assembly convened, was requisite to the validity of 
the proprietaries' levies of taxation. As this assembly made the 
laws and ratified the action of the proprietary or governor, Mary- 
land was really self-governed. 

In Pennsylvania and New Jersey, including Delaware, society 
was expressly organized on the basis of self-government, and this 
feature of their colonial life was always inviolably preserved. 

In New England, thougli settled under what might be called the 
same kind of charter as that of Virginia, the people liad a voice in 
every thing that pertained to the administration of their affairs, 
and the charters granted from time to time to the colony of Mass- 
achusetts Bay, to its offshoots, and to those established indepen- 
dently of it, seemed to vie with each other in emphasis of the 
right of the colonies to govern themselves. There, too, the char- 
ter of the Plymouth company was transferred at an early day to 
the colony," and thus the colonists themselves became the recipi- 

^ For characteristics of the colonial constitution of Virginia and other colo- 
nies, see " Story on the Constitution," b. i, chaps. 2, ct. seq., whom I have 
quoted at large. 

^ Sept. I, 1629. 



44 CONSTITUTIONAL LIBERTY. ■ 

ents of the franchises granted. As this charter provided for gen- 
eral assemblies of the company, the colonists had the immediate 
enjoyment of self-government. That they erected an oligarchy, 
only proves the existence of self-government more conclusively ; 
inasmuch as they did it of their own motion, and in making choice 
of a form so different from the one under which they had pre- 
viously lived, they exercised the liberty of governing themselves 
at the very first step and in the most positive way. But, as under 
the exercise of tljis franchise, the oligarchical feature of their or- 
ganization melted away, in the course of time, before the popular 
element, no further notice need be taken of it. 

In the address of the General Court of Massachusetts to Par- 
liament, in 1646, it is said : " The highest authority here is in the 
General Court, both by our charter and by our own positive 
laws." ^ This General Court, or representative assembly, was in- 
vested with full authority to erect courts of justice, to levy taxes, 
and to make all wholesome laws and ordinances, " so as the same 
be not repugnant or contrary to the laws of England" ; to settle 
annually all civil officers, and to grant lands. Certainly, here was 
self-government ; self-government that, including all freemen, 
bordered on simple democracy. Had it been denied the power of 
regulating faith and extirpating heresy, liberty would have little 
to complain of it. 

In New Hampshire, which was not Puritan in its social consti- 
tution, but of the Church of England, with liberty of conscience 
to all Protestants, the government was, in 1679, defined in a com- 
mission issued by the crown. This commission, among other 
things, provided for a colonial legislature to be composed of the 
representatives of the colonists themselves, and thus the people 
of New Hampshire were self-governed. 

Connecticut was, by its charter of 1662, entitled to hvo general 
assemblies annually, and to such an extent was the right of self- 
government conceded, that Chalmers complains that the constitu- 
tion of the colony was " a mere democracy or rule of the 
people." ' 

Rhode Island, in 1663, obtained a charter, which, as we might 
suppose from a knowledge of its founder and his principles, pre- 

' I Hutch. " Hist.," 145, 146 ; 3 Hutch. " Coll.," 199. 

. "^ " Annals," 296. 



SELF-GOVERNMENT. 45 

served, in remarkably emphatic language, " full liberty in religious 
concernments." Liberty is rarely found in fragments, and we 
consequently find that, in this colony, the exercise qf self-govern- 
ment is conceded to the fullest extent/ 

New York was a royal colony ; but, as under the first governor, 
an assembly was called in 1691, and the right to representation 
was never abrogated, self-government must, likewise, be said to 
be an inherent feature of its colonial organization. 

South of Virginia, the Carolinas, at first one but afterward di- 
vided, having tried in vain the ideal aristocracy of Locke, consti- 
tuted also royal colonies. As their assembly was composed of 
their own representatives, and, like the other colonies, managed 
their own affairs in conjunction with the coordinate branches of 
government, they, too, were self-governed. 

As for Georgia, its colonial life was too short, and its population 
too scanty, to illustrate the growth of liberty, or the exercise of 
self-government, even if it had any. Its real life may properly be 
said to date only from the time it became an independent state. 

Thus we see that the colonies were self-governed, and, were we 
to follow their history in detail, we should see, moreover, tluit, 
from the periods of their inception, this tribal disposition to self- 
government asserted itself successfully. It was this characteristic, 
indeed, as has been said, which made States of them. When, there- 
fore, we observe, that this freedom of government went hand in 
hand with freedom of thought, of conscience, of speech, and of 
action, it must be admitted that the colonies of Great Britain in 
America were very free ; more free, in fact, than were the English 
themselves in England. 

But, in no respect did they more emphatically display their free 
condition, than in their exemption from all taxation, save what 
they imposed on themselves. Had not this fact existed, they 
would in truth have been at the mercy of the crown, and would 
have been mere dependencies, of which the inhabitants would 
have found to be very apples of Sodom, filled with dust and ashes, 
those saving clauses, so pleasant to the eye, that secured to them 
the rights and liberties of English citizens. This exemption, how- 
ever, existing in their favor from a time anterior to the fixed 

^ The government of this province (Rhode Island) is entirely democratical. 
Burnaby's "Travels," 123. 



46 CONSTITUTIONAL LIBERTY. 

establishment in England itself of the principle of no taxation 
without representation, early instilled into them the sense of a 
responsibility to take care of themselves, a knowledge of the power 
that lay in them, and a feeling of independence, which, neverthe- 
less, was remarkably slow in reaching a development that involved 
political disjunction. Though the needs of government often 
directed attention to them as sources of revenue, yet, until the 
last stage of colonial existence was reached, no king approved 
and no cabinet dared the enforcement of a policy which would 
constitute them such. On that point the temper of the colonies 
was not to be mistaken. Colonies they were, colonies they ex- 
pected, nay, hoped to remain, but satrapies they were determined 
to be never. 

It is true, that, at an early day, the value of the tobacco trade, 
by exciting the cupidity of the Stuarts, threatened to pave the 
way to a revenue system which would benefit the crown at the 
expense of the colonies. But the efforts of those monarchs to 
control the staple' were not so much political as personal, and 
bore not so heavily on the rights of the Virginians as on their 
pockets. Those efforts met with an opposition from America 
which rendered them wholly abortive as acts of oppression. As 
early as 1624, Sir Edwin Sandys secured to this crop protection 
against foreign competition.^ So valuable had it already become, 
and so destitute were the colonists of ready money, that, for a long 
while, it was transferred from hand to hand as currency, until, in 
1645, this barter was prohibited, and Spanish pieces were sub- 
stituted as the standard.^ From the very beginning, however, 
tobacco was made the subject of governmental regulation, and 
orders, acts of Parliament, and proclamations concerning it, suc- 
ceed each other,* as a matter of course, in the list of those which 

^ ' ' The Staple appears originally to have meant a particular port, or other 
place, to which certain commodities were brought to be weighed or measured 
for the imposition of customs duties previous to being exported or sold." Eccles- 
ton's "Eng. Ant.," b. iv, chap. v. McCulloch's "Comm., Die," Tit. S.aple. 

^ Stith, 32S ; Haz., I, 193 ; Pari. Hist., I, 14S9, et seq. 

^Jefferson's " Notes on Virginia," Query xxi. 

^ Here are those which I have extracted from Mr. Jefferson's list, "Notes on 
Virginia," Query xxiii. I give the titles of several: The first is, " Commissio 
specialis concernens le garbling herbae N6cotianae," 1620, Apr. 7, 18 Jac. I. 17 
Rym. 190. " A proclamation for the utt'er prohibition of the importation and 
use of all toliacco which is not of the proper growth of the colony of Virginia 
and the Somer islands, or one of them," 1625, Mar. 2, 22 Jac. I. 17 Rym. 668. 



REPKESENTATION IN VIRGINIA. 4/ 

are devoted to the ordinary subjects of government. The proc- 
lamations concerning the protection of tobacco in the colonies * 
having set a premium on its cultivation, and, thus, rapidly enlarged 
the area of its planting and the quantity and value of the crop, 
were soon followed by what showed that the monarchs, father 
and son, were not altogether disinterested in the aid thus royally 
extended. For, in 1628, in a letter addressed to the governor 
and council of Virginia, the king, Charles I., offers to buy of the 
planters their whole crop of tobacco. This was royal merchan- 
dising, indeed ; and, with the mistrust of a huckster, that this 
wholesale forestalling might not prove altogether palatable to the 
colonists, it was sweetened by an express desire that a colonial 
assembly be convened to consider the proposal. 

It has been already noticed in this work, how apparently capri- 
cious liberty is in her choice of instruments whereby to establish 
herself, and how quick she is to adopt any means of gaining a 
footing. We have here another instance of her readiness to take 
advantage of circumstances. In this case, the cupidity and neces- 
sity of a king were the means employed ; to satisfy which, a 
monarch, for the first time, conceded to a portion of his people 
the exercise of the highest attribute of free government, and, by 
admission, yielded that concerning which the title-deed to colonial 
existence had maintained a guarded and forbidding silence.^ The 

" De proclamatione de signatione de tobacco," 1627, Mar. 30, 3 Car. I. 17 Rym. 
668. " Id. pro ordinatione de tobacco," same year, 18 Rym. g2o. " A proc- 
lamation restraining the abusive venting of tobacco," 1633 ; and another, 
" concerning the landing of tobacco," and also " forbidding the planting thereof 
in the king's dominions." Both in 19 Rym. 522, 553. Of these, there are 
twenty in all : four under James I., fifteen under Charles I., and one under 
Charles II. There does not appear to be any under the Commonwealih, and 
they extend ixoxn 1620 to 1644. In consequence of the rise in price under these 
restrictions of competition, tlie legislature enacted that " no man need pay 
more , than two thirds of the debts " which had been contracted to be paid in 
that commodity, and that creditors should not have a legal right to more than 
" forty pounds for a hundred," — a most despotic act, which ignored the inviola- 
bility of contracts and was the first instance of " repudiation " in America, 
Hening, I, 225 et seq.; Brockenborough's '"Virginia," 586. 

'1624, Sept. 29, 22 Jas. I, 17 Rym. 621 ; 1625, Mar. 2, 22 Jas. I. 17 Rym. 
668 ; 1626, Feb. 17, 2 Chas. I. Rym. 848 ; 1627, Mar. 30, 3 Chas. I, iS Rym. 
886 ; 1627, Aug. 9, 3 Chas. I, 18 Rym. 920. 

^ Bancroft's remarks on this subject are, in view of what I have said concern- 
ing it, and the let-alone demeanor of England toward her colonies, worthy of 
quotation : — '' Hitherto," says he, " the king had, forhinaiely for the colony, 
found no time to take oider for its government. His zeal for an exclusive con- 
tract led him to observe and to sanction the existence of an elective legislature, 
" Hist U. S.'' I, chap. vi. 



48 CONSTITUTIONAL LIBERTY. 

impecuniosity of princes has always been favorable to liberty. 
But it was the fate of the unlucky Charles, in all his schemes of 
aggrandizement, to fall short of his object, and, yet, at the same 
time, to strengthen the hands of those of whom he expected to 
make something. This very tobacco speculation illustrated his 
miscalculations, or bad fortune. The colonists met, but they de- 
clined the offer, and thus the king failed to get the tobacco, ^vhile 
the colonists not only kept what they had, but gained a repre- 
sentative government besides. They at once followed up their 
advantage.^ 

This attempt to establish a monopoly was, for some time, not 
altogether abandoned ^ ; but the firm attitude of the planters, and 
the rapidly thickening crowd of events at home finally compelled 
its relinquishment. In the meantime, the Virginians had learned 
two things : first, that their productions were of value to the 
crown ; and, secondly, that they occupied a position sufificiently 
independent to enable them to make their own terms in any bar- 
gain with the government. That they did not forget this lesson 
was clearly shown in after days, when they came to make a truce 
with the Commonwealth,^ and while Charles I. sat upon the throne, 
the understanding seems clear, that, so long as the planters made 
great profits, the crown might impose what duties it liked on the 
staple at home. 

What distinguishes the English colonies from all others is their 
institutional character. The English, or, as it was originally, the 
Saxon blood, has always sought and found its natural expression 
in institutions — those self-acting means by which the social forces 
of free peoples express themselves ; which are themselves indepen- 
dent creations endued with the capacity of self-government and 
the tendency to self-development, and which, having frequently 

^ To what extent the Virginians took advantage of this concession, see note to 
chap, vi, Bancroft, " Hist. U. S.," voL i., where a list of assemblies extending 
from 1630 to 1642, sixteen in all, has been extracted from Hening's ' ' Statutes 
at Large" ; which list refutes, too, the statement of Story, " Comm. on the 
Constitution," c. 2, § 49,. that, during this time, there was not the slightest 
effort made to convene an assembly. In 1660, representation had acquired 
such force, that Berkeley, the governor, who had just taken his seat as such, 
said, " I am but a servant of the assembly." Smith's " Hist. New York," 27. 

^See " A Commission Concerning Tobacco," 10 Car. I, June 19, 1634. 

' " Notes on Virginia," Query xiii ; Hening, I, 363, et seq. ; Hazard, I, 560, 
ct scq. J Burk, II, 85, et seq. 



THE INSTITUTIONAL CHARACTER. 49 

the power of self-production, are, thus far in the history of the 
human race, the very highest forms or expressions of social force. 

This Institutional nature Is the tribal characteristic, and, as it 
has always distinguished the body of the tribe, so, too, it invari- 
ably characterizes the offshoots ; and, as institutions are vital 
organizations which grow by their own inherent force, the institu- 
tional nature is, therefore, progressive. Hence It is, that the 
English colonies have never stood still, but, once planted, have 
grown right on, adapting themselves to the conditions of soil, cli- 
mate, and circumstance, and each developing into a state, pre- 
cisely as Its parent had done before It. The colonies of other 
people are but fragments of themselves broken off and set Into 
the western world, as a piece of stone is set in mosaic. They toil 
and they spin ; but they do not grow. They stop short when 
the conquest or the settlement is terminated, and for them the 
-law of development seems hardly to exist. Not so with the Eng- 
lish colonies : their colonists bear with them the ark which con- 
tains self-development, and no sooner Is this ark set down than 
the law of their being springs Into action, and, like those organ- 
isms of which we read, that a member straightway begins to de- 
velop a body analogous to that from which it has been torn, the 
little group at once proceeds to organize its social forces, to root 
Itself in the soil, to draw thence Its sustenance, to acquire 
strength, and to develop, sometimes rapidly, sometimes slowly, 
but always surely, a state. In principles, modes of action, polity, 
nature, and even form, like that from which it sprung. 

No more forcible Illustration of this institutional development 
can be Imagined, than that which the English colonies In Ameri- 
ca presented ; an illustration rendered still more forcible by the 
contrast It offers to the French colonies In the same quarter. We 
see what the historic growth of the former was ; but where was 
the historic growth of the latter ? The French were just as early 
on the ground ; they displayed as great personal energy, and In 
one respect outstripped their neighbors, for they had pushed their 
way from the St. Lawrence to the Gulf of Mexico before the 
more sluggish English had crossed the Alleghenles. At this day, 
we know little more of the general topography of the Mississippi 
valley than what the early French did. They were brave — the 
plains of Abraham and the grass-covered lines around the ruins 



50 CONSTITUTIONAL LIBERTY. 

of Fort Carillon still bear silent but eloquent testimony to that 
virtue. But that is all : their activity was individual, not 
national ; their development was personal, but not social. While 
the Frenchman's canoe was pushing its way into waters where the 
Eno-lishman would not follow for a century, his people on the St. 
Lawrence were doing nothing ; yet, France was dreaming of 
empire and of the glory that was to follow her adventurers, 
while the whole English frontier was steadily and surely, albeit 
slowly, advancing. The French settlements of Canada never 
developed, in the sense felt by every one who speaks English. 
They were mere pieces of Normandy and Brittany tesselated 
in American wood, and, as soon as they were once fixed in 
position, they were the same that they are to-day. They have 
not changed. Picturesque, dreamy, poetic they may be, with 
their old Norman and Breton songs, their musical tongue, their 
seigniories, and their quaint villages, each grouped around a glit- 
tering-roofed church which has a name as tuneful as its own 
chimes, but they have not advanced an inch, they have not pro- 
duced a single new thing for the good of the human race or of 
themselves ; they stand still, and they survive simply by the suf- 
ferance of the rigorous climate which envelopes them, and under 
the protection of the tortoise that passed them in the race. 
Even the genius of Montcalm could not save them. The laws of 
nature would have prevailed just the same had the French gained 
the upper hand, and the French in America display to-day a 
picture of what French America would have been had Wolfe 
failed to take Quebec. 

The reason of this, of course, lies in the difference of race ; and 
that difference is shown in the contrast which the institutional 
character of one of these peoples makes with the uninstitutional 
character of the other. 

It would be as easy to imagine the Anglican tribe without the 
power of speech, as to imagine it without institutions ; for these are 
as much a characteristic of the tribe as that is of the human race. 
First conceived and born in the forests of Germany,^ they have 
made the Teutonic race, and especially the English branch of it, 
what it is, no matter where and under what circumstances it has 

' Montesquieu, " Esprit des Lois," 1. xi, c. vi : " Ce beau systeme a ete trouve 
daus les bois." Voltaire, however, doubted this. 



FRENCH COLONIES NON-INSTITUTIONAL. 5 I 

been placed. Not a kingdom rules the seas ; not a colony plants 
itself on the other side of the globe ; not a State knocks for ad- 
mission at the door of the American Union ; not a new county, 
nor so much as a township, is laid off from an old one, but what 
the fact is due to the institutional character of the race. In 
America, where, unrestricted by ancient limitations, the growth 
of institutions has been prolific beyond measure, the exhibition of 
institutional development has lost its impressiveness from trite- 
ness, and the mind turns to the contemplation of the subject with 
much the same feeling that it would have if called upon to ob- 
serve the familiar organization of household life. It would be 
interesting, but it would not have novelty to increase the interest. 
With the French it was different. When they planted a colony, 
the first thing it did was to make itself a miniature France. It 
did not strike out for itself, and leave the formation of its char- 
acter to time and circumstance. It did not even rely on itself : 
it depended upon the military under whose guns it had landed, 
and on the officials of the bureaucracy it was sure to bring along. 
Its sole object seemed to be to imitate what it had left behind. 
No institutions grew of themselves : what there were of them were 
like posts stuck in the ground. The structure of an English 
colony resembles that of English society ; not from imitation, but 
because, in obedience to the same laws which developed the 
parent, the colony acts out, of itself and in its own way, the 
same principles to the same end. These expressions of social 
force are, therefore, one in nature and similar in form, and they 
would characterize the offspring were the parent stock to be 
blotted from the list of nations. But a French colony does not 
act in this way : it seems to look upon its fate as that of exile, of 
which the best is to be made, and solace is to be found only in 
adhering as closely as possible to the model of social life it left be- 
hind. The consequence is, that there is no self-dependence in a 
French colony ; no free, vigorous action, no life ; and a struct- 
ure so hollow needs but a push to overturn it. Its happiness is 
complete when the strong arm of the government enforces such a 
sense of security that the process of imitation can go on without 
interruption ; but when the imitation is effected, the comparison 
it presents with the life of an English colony may be described as 
similar to that existing between a child and the portrait of its 



52 CONSTITUTIONAL LIBERTY. 

father: both resemble the person ; but one is a hving being, and 
the other merely a likeness. 

The reason, then, that the French did not retain their American 
possessions, but departed leaving scarcely a trace behind them 
worthy the notice of the political observer, is, that they lacked 
those institutions which take root and grow for themselves, even 
though dropped as seeds are by birds in their flight. Instead of 
•relying on the inherent vitality of their people to secure what had 
been acquired, they depended only on the force of arms. So 
long, therefore, as their arms were successful, so long did they 
rest secure in their possessions ; but when disaster overtook their 
armaments, the prop which upheld the structure was knocked 
away, and the whole shell fell into ruins. In no instance was 
this' so forcibly illustrated as by the issue of the battle fought 
under the walls of Quebec. While Montcalm lived, the French 
occupation lived ; but when he fell, the whole French power in 
America east of the Mississippi ^ fell with him. It absolutely 
vanished ; and, save the tongue, the religion, and those few insti- 
tutions which are common to all peoples — for there is no civilized 
society without some institutions, — it left not a vestige behind. 
AVith the last breath of the French commander, the power of 
France in the West was transferred to England ; the colonists 
became British subjects, and the French settlements were re- 
stricted to the narrow territory they still occupy. 

Not so the English, whose vitality depended upon the health 
of institutions and not upon the successes of arms. Disaster 
hardened them, and calamity lent force to their development. 
Bringing with them the institutions of the race, they grew of them- 
selves, and it is a significant fact, that they never relied on the 
arms of the mother-country without loss, nor on their own with- 
out gain.^ Self-dependence was a lesson early taught and soon 
learned. The colonies were young, but the institutions were old, 
and these were the ravens that fed them in the wilderness. 

In nothing have the Europeans more persistently misconceived 
the character of American institutions, than in taking it for granted, 
that, because the country is " new " so are the institutions. So 
far from it, these are as old as the race itself, and it would be dif- 

' Johnson v. M'Intosh, 8 Wheat. 543. 

" On the one side, for examples, the capture of Louisburg and the never- 
ending frontier war ; on the other, Braddock's and Abercrombie's campaigns. 



DISPENSATION OF FRANCHISES. 53 

ficult for an Englishman, or a Teuton of any tribe, to lay his fino-er 
on one of our institutions which did not come out of the woods with 
the race. Even in those which may be called " new," the germs 
can be discovered among those of the early English. They are 
" new " only because ages have elapsed since the occasion has 
arisen for calling them into action, and, unused to the sight of 
them, the European naturally regards them as strange. One might 
as well assert the existence of a new language from the fact that 
the country is new, as, from the same fact, to assume the existence 
of new institutions. America is young in years, but in institutions 
it is old, very old. 

The colonization of the English in North America was effected 
chiefly under the House of Stuart. These monarchs, at once 
arbitrary and impecunious, saw in the boundless plains of America 
and in the tide of emigration that was setting in thither, relief 
from two evils : the lack of money, and the fanaticism which, 
from day to day, was becoming more and more threatening to the 
peace of the kingdom and the stability of the throne. On one 
hand, land in another hemisphere was a ready substitute for 
money ; and, on the other, what could be better adapted for the 
crazy experirhents of enthusiasts than remote deserts, or what 
location better for the overstock of I^ondon rufflers than that 
where gold might perhaps be found, and where tobacco was sure 
to grow ? At one stroke both kingdom and exchequer would find 
relief. As men are lavish with what is not immediately before 
their eyes, and with what is apparently exhaustless in resources, 
so these monarchs were prodigal of a continent which lay beyond 
the ocean out of sight. What mode of paying an old debt could 
be easier than a deed of land in the Hesperides ? What better 
way of getting rid of the pestering claims of ancient servants than 
a grant of franchises which could be effective only in a wilderness ? 
It is this which accounts for the profuse dispensation of liberty 
beyond the seas, while, at the same time, it was grudgingly Avithheld 
at home. To this easy disposition of giving away what was worth- 
less to the givers, as well as to the necessity of offering induce- 
ments for colonization, is to be ascribed the plantation of British 
colonies in America, and the broadcast scattering of franchises 
under which colonies and colonists multiplied as reeds by the 



54 CONSTITUTIONAL LIBERTY. 

water side. The heedlessness which bestowed these liberties was 
succeeded by an equally beneficent neglect, under which the in- 
stitutions of the race developed unnoticed and without let or 
hindrance ; and when at last avarice disturbed the torpor of indif- 
ference, it was found that the colonies had not only acquired 
strength, but had concentrated it, and that, having grown to man's 
estate in undisturbed tranquillity, as far as the mother-country 
was concerned, they were ready and able to assert their existence 
as independent states. 

The great distinguishing characteristic of the English colonies, 
from which springs the institutional character of which mention 
has been made, is that which distinguishes the English themselves 
from other peoples — their natural predisposition to govern them- 
selves. This also is a race characteristic, which showed itself in 
the earliest history of Britain, and to this inherent tribal law of 
self-government is due its character as a representative govern- 
ment, and, consequently, a limited monarchy, and, especially, the 
formation of counties and their division into parishes, hundreds, or 
townships. Few have been the English-speaking men, since the 
final establishment of a parliamentary constitution, who have gone 
down to the grave without making themselves felt, to some extent, 
in the government of their land, be it where it might, or who have 
not actually taken part therein — if not in the government of the 
nation, in that of their province or colony ; if not in that, then in 
the administration of county affairs ; if not in the county, then in 
that of their parish or hundred : perhaps in all. No matter how 
often, or by what means, the race has been pushed from its moor- 
ings, it has always returned to the anchorage of self-government 
at the very first opportunity. It is the social force directly op- 
posed to the centralization of the Latin or Galilean notions of 
government. This latter looks on government as paternal, para- 
mount, and as acting of its own motion ; the Englishman, on the 
contrary, regards it as vicarious, delegated, and representative. 
One considers the throne as the source of power ; the other, as the 
conduit through which the power of the body politic is conveyed 
to the object to be acted upon. To one, the monarch is the abso- 
lute and unaccountable owner ; to the other, he is a trustee, and, 
as such, accountable for his exercise of the power entrusted. 



LOVE OF THE SOIL. 55 

No notions of government can be wider apart than those held 
by the Latin races and those held by the English. With the 
latter, the one solitary and natural idea of government is what is 
known as self-government. It springs from the love of the soil, 
so characteristic of the tribe ; an affection which makes the tres- 
passer on one's field almost as great a wrong-doer as he who vio- 
lates the sanctity of the person.' The race has always given the 
supremacy, in respect of property, to land, and has always girt it 
about with favoring laws no less marked than are the hedges and 
fences that surround it on the ground. Where this legislative ex- 
pression appears, there the race displays its natural love of the soil ; 
where it does not appear, there, it is safe to say, this quality of the 
race is no longer uppermost, but has declined, or, perhaps, has 
never existed at all. No more significant sign of the decadence 
of race qualities can be given, than where the courts, who utter 
the voice of the state, enforce the doctrine that land shall be as 
easily transferable as personalty. It is the sacrifice of a race 
characteristic to present expediency, and if any thing which dis- 
turbs or destroys the natural action of the race is a wrong, then 
this doctrine is wrong and is sure to end in disaster. It becomes 
a precedent, to say the least, for further destruction of race charac- 
teristics, with which disappear the race notions of free government, 
and anti-race notions of despotic rule take their places as a matter 
of course. 

It is to this love of the soil, this notion of personal independence, 
and to the sense of individual power which one has when standing 
in his own fields and on his own ground, that is to be attributed 
that freedom of action which is the true source of the institutions 
which mark the race. 

The colonists brought with them this love of the soil, and the 
natural proclivity to self-government. From Virginia to Massa- 
chusetts Bay, no sooner was the land occupied than it was laid off 
in counties, and in hundreds, or townships. The very first thing 
the settlers did anywhere, was to betake themselves to the task of 
governing themselves ; and, forthwith, their natural institutions 
appear, as if they had been brought over in boxes which were the 
first to be unpacked. The little hives bestir themselves at once 
in the direction of social organization, and one invariable feature 

^Chitiy on " Pleading." Tit. Trespass. 



56 CONSTITUTIONAL LIBERTY. 

of their labors is the provision made for the future expansion of 
society. Before the dwelUngs were built the governments were 
erected. Perhaps, like the dwellings, they were but temporary 
shelters, to last only until houses took the place of sheds : but 
there they were, and from the moment they appeared, they, and 
the institutions they sheltered, went on developing without a 
moment's retrogression. If they were opposed, they were as 
stubborn as the rocks ; if unopposed, they expanded with the 
growth of their colonies. Sometimes these governments were cut 
and dried in the London office of "the Company " before the 
colonists started ; sometimes they were outlined in their charters 
by the imperial government ; and yet again, as in the cases of 
Maryland, Pennsylvania, and Rhode Island, they were the results 
of the direct action of the proprietary or the people. But, 
whether the work of cabinets, of proprietaries, of companies, or 
of colonists, sooner or later, all had for their active, vital, con- 
trolling force, without which they would have been as nothing, 
the people themselves. They became, thanks to the remoteness 
which thwarted the interference of the home government, 
and to the indifference of that government, real examples 
of popular sovereignty, no matter what might be the terms 
of the charter, patent^ or commissions of the governors. They 
made their own laws, laid their own taxes, fought their own 
battles, and, in all respects, were their own men. This was self- 
government, local self-government ; for each colony looked out 
for itself, and none so much as pretended to meddle with the 
affairs of another, or to indulge in an interference which was sure 
to be sharply resented. Independent of each other and of the 
world, with nothing to restrain them except the slight tie that 
bound them to the mother-country, with the sense of power in- 
herent in freemen, and with the love of adventure the ocean and 
the wilderness alike fostered, it is no wonder that there arose, in 
the course of time, that " fierce spirit of liberty," which filled, in 
such large measure, the observant eye of Burke, — a spirit which 
grew " with the growth of the people in the colonies, and increased 
with the increase of their wealth." ' 

Foremost among the incentives of that fierce spirit of liberty 
v-ns the contemptuous regard for the colonies entertained by the 

' Speech on Conciliation witli America. 



FIRST NOTION OF INDEPENDENCE. 5/ 

commercial classes of England, who looked upon them simply as 
so many institutions erected for the especial benefit of England ; 
as, in short, so many sponges to be squeezed. These classes natu- 
rally had great influence with the legislature of a country given 
over to thrift, and they made their mark from time to time on the 
legislation, which, in turn, betrayed this notion. As these acts of 
Parliament were almost invariably encroachments in some shape 
or another on what the colonies deemed sacred rights, they were 
promptly resisted. The government, doubtful of enforcing suc- 
cess with bodies too important to be lost, yet not of too great im- 
portance to be imposed upon when the opportunity offered, would 
retire from the position adverse to colonial interests into which 
the greed of home commerce would at times thrust it, and thus, 
on its part, did its share in familiarizing the colonists with the be- 
lief that all that was necessary to make the government back 
down was to meet it with a bold front. This notion, which, it 
must be said, the facts warranted the colonists in adopting, was 
the first step on the road to independence ; for those who saw 
that the colonies had sunk in the eyes of Englishmen to being 
mere commercial appendages to the empire, instead of being liv- 
ing parts and members of it, soon entertained the still further ad- 
vanced idea, that, if the colonies were more important to England 
than England was to the colonies, they might be better off were 
they to cease being mere tributaries or feeders to the trade of 
London and Bristol. Hence arose the last notion of the series, 
that of independence, which, beaten down as fast as it raised its 
head, by the loyalty that bound the American heart to England, 
never ceased its struggles until it had asserted its existence, de- 
stroyed the bond of allegiance, and, carrying along with it the 
now enthusiastic masses of the colonies, had torn from the empire 
the best part of its continental possessions, and those, too, which 
were biggest with the promise of the future. 

If we look at the career of this "fierce spirit of liberty," and 
observe its character, we shall not be astonished that it ends in in- 
dependence of the mother-country. Little else, indeed, could be 
expected, if, from the plan of historical development, which, be- 
fore the advent of the English in America had marked the differ- 
ent migrations of the race, inferences could be drawn upon which 
to forecast the colonial future. The colonists were of a people 



58 CONSTITUTIONAL LIBERTY. 

whose whole career had been characterized by an insatiable crav- 
ing after local self-government. This kind of government they 
brought along with them, and they were enjoying it to a much 
greater extent where they were than they could have done had 
they remained in England. The appetite for personal influence 
in the administration grew by what it fed upon, and caused the 
colonists, when the pleasure of its enjoyment was interrupted, not 
only to be galled in the most sensitive part of their nature, but to 
regard the effort to curtail their liberties as downright robbery of 
that self-government to which they had long before acquired the 
actual right of possession. Had the policy of George III. been 
enforced by the house of Stuart, it is hardly probable that there 
would have been any thing more than a murmur. Men had not 
yet grown up to liberty and the desire for independence, but in 
the latter half of the eighteenth century, the spirit of liberty was 
already more fierce, perhaps, than it had ever been before, and it 
stood ready, if balked in its course, to hew its way with the sword 
to the independence which suffered no questioning. Hence we 
see, that, at the bottom of this disruption, lay the determination to 
keep inviolate the local self-government, to which, as living mem- 
bers of their' race, they had the birthright, and of which they had 
long had actual possession. This it was that rode upon the 
storm. 

'Y\\Q. forms of government in the colonies having been considered, 
and the effects of descent and remoteness of situation noticed, we 
proceed with the analysis as given by Mr. Burke. 



CHAPTER III. 
IV. — Religion in the Northern Provinces. 

PROCEEDING to the next cause mentioned by Mr. Burke 
which served to make liberty in the colonies fierce, namely, 
Religion in the Northern Provinces, we shall see that its striking 
feature was the principle of toleration, or, to use the broader ex- 
pression, freedom of conscience ; and if we are to point out 
the localities where this principle appeared in its greatest vigor, 
we must name, above all other territories, Maryland, Pennsyl- 
vania, West Jersey, and Rhode Island. 

Freedom in one thing is the natural progenitor and support of 
freedom in another, and it needs no argument to show that free- 
dom of conscience was the natural forerunner and ally of freedom 
of the citizen. Inasmuch as free inquiry passed from religious 
to secular subjects in the colonies, just as it did in England, 
though without revolution and civil commotion, an inquiry into 
the causes of our political freedom must necessarily embrace the 
contemplation of what free inquiry did in America when it 
turned from religion to politics. 

At the first glance, the colonies do not appear to be a chosen 
abiding-place of free inquiry in religious matters. Their founda- 
tions were laid when intolerance was still a sacred principle, and 
their structure betrays the characteristics of the age in which they 
rose. But, though intolerance came with the early colonists, it 
was the only thing they brought with them which did not display 
enduring vitality. Intolerance — practical, physical intolerance — 
was never more determinedly enforced than in the settlements 
around Massachusetts Bay ; yet, before one generation had passed 
away, we behold, in the settlement of Rhode Island by men of 
Massachusetts, the first example known to the world of a co:n- 

59 



6o CONSTITUTIONAL LIBERTY. 

mon wealth founded on toleration as a principle of political con- 
stitution. Intolerance, too, in the shape of a rigid establishment, 
was a characteristic of Virginia, and one which she hugged to her 
bosom with nervous tenacity ; yet we see arise alongside of her 
the commonwealth of Maryland, which was the first to possess a 
charter that guaranteed freedom of conscience. When Pennsyl- 
vania, in her turn, took her place as a living expression and asser- 
tion of this great doctrine, the whole aspect of the colonies was 
changed. Toleration seemed the rightful lord, while intolerance 
wore the air of an intruder. 

To a right knowledge of those times, it must be clearly under- 
stood, that dissent, (which involved the notion of separation from 
the Established Church), was a thing regarded by every one as 
heretical, and that the state was the natural agent of its repres- 
sion. Thus, on the revolt of Henry the Eighth from the Papacy, 
while the mass of Englishmen sustained and supported the king 
in breaking down the old religion, it would have been, and was, 
regarded on all sides as the rankest heresy, if not treason, to deny 
the king's right and duty to impose a new religion on the coun- 
try and to maintain it at all hazards. In their eyes this duty of 
the state was not in the least impugned by Henry's revolt. That 
meant merely independence of a foreign religion ; the duty of the 
state to impose a home religion, and the duty of the subject to 
maintain and obey it, were none the less. There were few notions 
of government- — and a state religion was part and parcel of the 
government — so stubbornly maintained as that one. This is 
shown with great clearness by the history of the times. When 
England broke from Rome, no one denied the right of the state 
to impose upon the land the Established Church ; when the mass 
of the Puritans broke from the Established Church, no one but 
the handful of Brownists denied the right of the state to impose 
the Presbyterian establishment, did the realm so desire it ; when 
the Independents broke from the Presbyterians, eight out of ten 
Englishmen were shocked beyond measure, that doctrines should 
be recognized which practically left the country without a state 
religion. It is safe to say, that, in those times, ninety out of a 
hundred Englishmen were born, lived, and went to their graves 
with the conviction that it was the natural duty of the state to ex- 
tirpate heresy ; or, in other words, that it was the natural duty of 



THE SUBORDINATION OF STATE TO CHURCH. 6 1 

the civil power to expel from the body politic those who did not 
conform to the national religion, be it what it might. So deeply 
was this notion rooted, and so effective an element was it in all 
ideas of government, that it was a long time before even the In- 
dependents themselves could be brought, as a body, to acknowledge 
the contrary. The Brownists, indeed, openly called themselves 
Separatists, and took the position that any religious establishment 
was contrary to the Word of God' ; it was they who colonized 
Massachusetts ; yet it was they who, as Independents or Congre- 
gationalists, withheld their censure at the expulsion of Roger 
Williams from, not only their communion, but their territory, for 
denying the authority of their establishment, for such it was ; for 
asserting that thought should be as free in religious as in s'ecular 
matters ; that the Sunday laws were an abomination to the Lord; 
and that the magistrate had nothing whatever to do with the prom- 
ulgation of the faith, the discipline of the church, or the extirpa- 
tion of heresy. He was worthy of banishment, they said, who 
maintained that " the civil magistrate might not intermeddle even 
to stop a church from apostacy and heresy." ^ For asserting the 
right of free thought and free speech he was banished. Those who 
banished him acted according to their lights. They were born 
and bred in these notions, and were the mere agents of a tyrannj'- 
which, at that time, was natural to all, was obeyed by all, and was 
enforced by all, except the great reformer himself and a few like 
unto him. If such were the ideas of the rightfulness of secular 
agency in ecclesiastical affairs among those who sought the wilds 
of America rather than bow the knee to Baal, how much more natu- 
ral and forcible must they have been among those early English 
Puritans, to whom the very mention of reform smacked of heresy, 
and on whose minds dissent had not yet dawned. The religion of 
the land might be changed a hundred times, but, then, whatever 
the changes, all were alike bound by them, and one doctrine, one 
discipline, one religion in substance and in ceremony, could alone 
be tolerated.^ This was intolerance, pure and simple, but in those 

^ But Brown himself relapsed, and accepted a living in the Established 
Church. 

' According to the citations of Dexter in "As to Roger Williams," Brewster, 
and the other leaders of the Pilgrim Church at Plymouth, did any thing but 
remonstrate at this action of the Puritan churches. 

' Barlow's " Sum and Substance of the Conference at Hampton Court," 71 ; 
Harrington's " Nugee Antiquse," I, 180, et seq. ; Hallam, I, 404. 



62 CONSTITUTIONAL LIBERTY. 

days intolerance was a fundamental maxim of all government. 
Personal persecution is not the only test of intolerance, but the 
true test is the question, Was the civil pozver relied tipon by the 
churchy and recognized by the people, as the natural ally and agent 
of the ecclesiastical power in the prescription of faith, the control of 
religious opinion, and the extirpation of heresy ? If the answer is 
yes, then intolerance was a controlling maxim of government ; if 
no, then toleration was. In those times the answer would invari- 
ably have been in the affirm ative. 

Looking, then, at the times in which the colonies were founded, 
it would be strange, indeed, if we did not find intolerance among 
the recognized principles of government brought over by the early 
colonists ; but knowing what we now do of the men that brought, 
these principles, and of the circumstances that effected their de- 
velopment, it would be stranger if we found intolerance display 
life and vigor. Acccordingly we look in vain for the evidences of 
a lasting vitality. The intolerance of the New England Puritans 
at last spent its force, and sunk down into dead ashes never to be 
revived ; the intolerance of the Establishment never so much as 
called upon the state to prescribe a single article of belief, to 
regulate a single doctrine, or to extirpate a single heresy, — it was 
a legal fiction. Intolerance had, however, an existence which 
might have become life, had not the timely arrival of Pennsylvania 
upon the field forever turned the day against her, and established 
as the controlling force of the American people the common prin- 
ciple of George Calvert, Roger Williams, and William Penn. The 
career of intolerance in this country may be briefly described, so 
far as the Church of England is concerned, as decorous, harmless, 
and confined to the mere assertion of legal existence ; outside of 
the Establishment, its action was sporadic, spasmodic, and indica- 
tive of the violence into which waning forces sometimes concen- 
trate all their power. 

Though, as has been said, the colonists brought with them in- 
tolerance, there are two notable exceptions to this statement : 
Maryland and Pennsylvania. These colonies secured to them- 
selves freedom of conscience before they ever left England, one 
by direct grant and the other by implication ; Lord Baltimore's 
colonists, indeed, making its possession a condition preliminary to 
their departure, and a part of the contract under which they were 



QUAKERISM. ' 63 

to extend the dominions of the crown in America. Such marked 
exceptions peremptorily arrest the eye, and the spectacle of the 
House of Stuart establishing and guaranteeing under the great 
seal freedom of conscience in one of its dominions, directs our ob- 
servation upon the Maryland charter and the circumstances which 
called it into being. 

But, before regarding the relations in which the credulity of 
Maryland stood toward freedom of conscience, let us first observe 
the effect upon its development produced by the mysticism of 
Pennsylvania and the rationalism of Rhode Island. 

Quakerism. 

The world is as much indebted to the mysticism of Pennsyl- 
vania and West Jersey for the assertion of freedom of conscience 
as a principle of political constitution, as it is to the unquestion- 
ing belief of Maryland, and the inquisitive rationalism of Rhode 
Island. What these planted, that saved ; and, as Quakerism 
affords the latest and most complete development known to the 
colonies of the union of freedom of conscience and state, instead 
of the union of church and state, we shall now turn to its examina- 
tion. 

While the rising Independency of England, which had in- 
scribed on its banner the device of free religion, was in the act of 
overthrowing intolerance in the persons of the Presbyterians, the 
enthusiastic nature of George Fox, the founder of the Society of 
Friends, was pushing his agonizing reflections and self-conviction 
toward a mysticism which, though it has failed to convert man- 
kind, has indelibly stamped its mark upon the world. Quakerism, 
now a mere shell, and with hardly the appearance of life stirring 
in the void, was in its day one of the forces which deeply im- 
pressed American character ; or, to speak %vith accuracy, its ap- 
pearance at the time it made its advent, and its choice of the 
middle colonies as its abiding place, were events most fortunate 
for the establishment of freedom of conscience in America. Its 
coming unquestionably lent strength to a hard-pressed cause, and 
perhaps preserved it from total ruin. 

It is needless to recount the rise of a sect, which demonstrates, 
for the hundredth time, that intellectual foresight, enthusiasm, 
tenacity of purpose, and fidelity to a noble cause, are qualities not 



64 CONSTITUTIONAL LIBERTY. 

confined to the learned and powerful only of either a democracy 
or aristocracy. This sect was plebeian in character/ and, in its 
days of proselytism, fanatical ; yet it comprehended with re- 
markable clearness the virtue and beneficence of freedom of 
conscience, and clung to it as a vital social element with heroic 
tenacity. It was simply one of the innumerable forms of mysti- 
cism, which, for the first time since the days of Tutian, the En- 
cratites, the Gnostics, the Nicolaitic heresy, and the Scholastics, 
was organized into a permanent and proselytizing sect. Its dis- 
tinguishing characteristic is, that it discards the Scriptures as the 
one source of spiritual light, and refers the individual for illumina- 
tion to his conscience, wherein exists what is styled the Inner 
Light. " Oh, no," cried back Fox to the preacher who had taken 
for his text the words, We have also a more sure word of prophecy, 
" Oh, no ! it is not the Scriptures, it is the Spirit." '^ Chilling- 
worth had not so ruthlessly swept away authority. This placing 
the well-being of man in his conscience only, and under the 
guardianship of the divine inspiration that illumined it, of 
course presupposed that the conscience should be entirely free, 
and thus the disciple of Fox, at the outset, demanded freedom of 
conscience. The constant standard of truth and goodness, 
says William Penn, is God in the conscience, and liberty of con- 
science is, therefore, the most sacred right, and the only avenue 
to religion. To restrain it, is to invade the divine prerogative ; 
to direct it, is to interfere between the Creator and the creature.^ 

This sect rose rapidly to its zenith, under the craving for new 
religions to which the souls of those times were peculiarly sub- 
ject, and under the attraction which the novelty of their doctrines 
excited. These doctrines were all of the essence of passiveness, 
and they were supplemented by certain peculiarities of address, 
garb, and conversation, by which the eye and ear could distinguish 
that they Avho affected them were separate and apart from the 

■" " I had the curiosity to visit some Qualiers here [Ipswich] in prison ; a new 
phanatic sect, of dangerous principles, who shew no respect to any man, magis- 
trate, or other, and seeme a melanclioly, proud sort of people, and exceedingly 
ignorant." — Evelyn's " Diary," July 8, 1656. 

^Barclay says, the Scriptures are a declaration of the fountain, and not the 
fountain itself — a simile used likewise by Elias Hicks, a century and a half 
later, to illustrate the same thing. " Letters," 228. And see Gurney's " Dis- 
tinguishing Views and Practices of the Society of Friends," 58, 59, 76, 78. 

"^ " Penn's Works," ii, i, 2, 133. 



QUAKERISM PRESUPPOSES FREEDOM OF CONSCIENCE, 65 

world. The Quakers attempted, indeed, the hopeless task of 
uniting mysticism in spiritual life with formality in daily life. 
The attempt failed, and, as a sure result of time and human 
nature, the latter had so far absorbed the former, that, in our 
own century, when Elias Hicks sought to restore Quakerism to 
the point at which these two constituents had diverged, his op- 
ponents successfully claimed and have ever since maintained 
the appellation of "orthodox," while his followers have had to 
rest content with the name, hitherto unknown in the sect, of 
Hicksites. 

The history of all reHgions displays an invariable yearning after 
something which cannot be defined, but which, for want of a 
better term, is universally recognized under the name of inspira- 
tion ; and of this yearning there is no more remarkable instance 
than that presented in the spiritual tribulations of George Fox, 
and the tacit submission of his followers. Rationalism of itself 
turned out to be inadequate ; formality in social life, like mere 
formality in spiritual life, proved to be dead : both together were 
but vanity. Something more was needed than the overthrow of 
the exclusive authority of the Scriptures : the great want became 
intolerable, and, rushing in where angels fear to tread, the Quaker 
rejected as authoritative what other men called inspired, and 
sought his revelation directly from God himself. He delivered 
himself over to an existence absolutely spiritual ; he looked at 
religion through the end of the glass other than that of the ration- 
alist, and, ignoring the needs of the intellect as this one does of 
the emotions, he erred equally with him in discarding the com- 
posite nature of man, and with him inflicted injury upon a relig- 
ion which covers the whole of man as with a garment. The 
intellect ignored, the emotions disdained, and formality having 
proved a badge indicating nothing, on what had the follower of 
Fox now to rest his feet? On nothing: he had placed himself 
outside the world designed for men. He was free to exercise his 
powers, but on what could he direct them except himself? Free- 
dom was indeed his, absolute freedom ; but it was the freedom of 
a void. 

It was not long before the law which directs the wandering 
course of bodies that, uncontrolled by judgment and unsteadied 
by system, would seek the sun, exerted its inexorable force, and 



66 CONSTITUTIONAL LIBERTY, 

Quakerism, having rushed to its perihelion, obe3'ed the powers it 
had defied, and was soon lost in the outer darkness. It did what 
the spiritual part of man, unbalanced by his physical, his emo- 
tional, and his intellectual nature, has always done, when left to 
itself : it ran into mere mysticism. From the courses of the 
diverse societies of mystics which, from time to time, had risen 
and disappeared, its orbit might have been calculated with some- 
thing like precision. Roger Williams seems to have had some 
notion of doing so. Be that as it may, in our day Quakerism 
appears as a star of exceedingly small magnitude. In fact, as a 
religious, moral, or social force, Quakerism, in the land where its 
greatest strength lay, America, had, even prior to the Revolution, 
outlived its day and spent its force. It is, however, only with its 
relations to freedom of conscience that we are called upon to 
notice it, and to those relations and the effect they produced on 
our character as a people, we shall now turn. 

For the same reason that the Roman Catholics, the Brownists, 
and the Puritans crossed the Atlantic, came those dissenters from 
dissent, the Quakers. In England, they had been fined, whipt, 
pilloried, imprisoned, and executed. In New England, the same 
cup of bitterness had been presented to them, and the law was 
especially directed against a sect that was deemed peculiarly 
" accursed " ; except in Rhode Island, where, let it be noted, in 
strict adherence to the principles of its founder, they had been 
met by only the natural antagonist of strange doctrines — discus- 
sion. Roger Williams himself had opened his batteries upon 
them in a work entitled, " George Fox, Digged out of his Bur- 
rowe," and though no persecution awaited them, and they could 
live there, if so minded, in harmony with God and man, yet little 
sympathy could be looked for, and it was evident, that, the ground 
being alfeady occupied, the experiment of planting their principles 
in that soil would not be a work of great promise. The colony of 
New Amsterdam having been but lately transferred to the Eng- 
lish rule under the name of New York, they would have been 
ground to dust between the upper millstone of the new EstabHsh- 
ment and the lower one of the old Dutch Reformed Church ' : 

'As late as 1774, John Adams, then visiting New York, says in his Diary: 
" Mr. Livingston * * * gj^y^^ they have never been able to obtain a charter 
for their burying-ground, or the ground on which their Presbyterian church 



QUAKERISM SEEKS THE MIDDLE COLONIES. 6/ 

and the Swedish settlements on the Delaware having, likewise, 
yielded to England, a similar fate would have awaited them there/ 
Virginia was out of the question,^ for nowhere in America was the 
Church Establishment so rigorously maintained as an exclusive 
element of political constitution ; and North Carolina, where thev 

stands. They have solicited their Governors, and have solicited at home wi.u- 
out success." 

In fact, New York, always intolerant, was more so than ever after the Enp- 
lisli occupation in 1664. " In an act passed in the beginning of the last cen- 
tury," says Story, "Constitution," i, ch. x, § 114, " it was declared that every 
Jesuit and Popish priest who .should continue in the colony after a given day, 
should be condemned to peTpehtal imprisonnioit ; and if he broke prison or 
escaped, and was retaken, he was io be put to death." Half a century after- 
ward, one of her historians. Smith, warmly praises this disgraceful enactment, 
and as late as 1777, the constitution was intended to exclude Romanists. 

' During the Swedish supremacy, the worship of God was to be according to 
the Confession of Augsburg, the Council of Upsal, and the ceremonies of 'the 
Swedish church, though "the pretended reformed religion" might be allowed, 
provided its adherents abstained from dispute, scandal, and abuse." " Instruc- 
tions to Gov. Printz ; Privileges granted to the Colony." Hazard. "Ann. 
Pennsyl.," 53, 67. 

" " The first settlers in this country [Virginia] were emigrants from England, 
of the English church, just at a point of time when it was flushed with complete 
victory over the religions of all other persuasions. Possessed, as they became, 
of the powers of making, administering, and executing the laws, they showed 
equal intolerance in this country with their Presbyterian [Puritan ?] brethren, 
who had emigrated to the northern government. The poor Quakers were flying 
from persecution in England. They cast their eyes on these new countries as 
asylums of civil and religious freedom ; but they found them free only for the 
reigning sect. Several Acts of the Virginia Assembly of 1659, 1662, and 1693, 
had made it penal in parents to refuse to have their children baptized ; had 
prohibited the unlawful assembling of Quakers ; had made it penal for any 
master of a vessel to bring a Quaker into the State ; had ordered those already 
here, and such as should come thereafter, to be imprisoned till they should ali- 
jure the country ; provided a milder punishment for their first and second 
return, but death for their third ; had inhibited all persons from suffering their 
meetings in and near their houses, entertaining them individually, or disposing 
of books which supported their tenets. * * * ^/^j- ti-,g common law, heresy 
was a capital offence, punishable by burning. Its definition was left to the 
ecclesiastical judges, before whom the conviction was, till the statute of 1 El. c. i, 
circumscribed it, by declaring that nothing should be deemed heresy but what 
had been so determined by authority of the canonical Scriptures, or by one of 
the four first general councils, or by other council, having for the grounds of 
their declaration the express and plain words of the Scriptures. * * * By 
our own Act of Assembly of 1705, c. 30, if a person brought up in the Christian 
religion denies the being of a God, or the Trinity, or asserts there are more 
gods than one, or denies the Christian religion to be true, or the Scriptures to 
be of divine authority, he is punishable on the first offence by incapacity to hold 
any office or employment ecclesiastical, civil, or ixiilitary ; on the second by dis- 
ability to sue, to take any gift or legacy, to be guardian, executor, or adminis- 
trator, and by three years' imprisonment without bail. A father's right to the 
custody of his own children being founded on his right of guardianship, this 
being taken away, they may of course be severed from him, and put liy the 
authority of a court into more orthodox hands." Thomas Jefferson, in 
'' I\loies o?t VirQ'ima." 



68 CONSTITUTIONAL LIBERTY. 

would, doubtless, have been hospitably received, was too far south 
for the inclination of the mass of them. They were, therefore, 
happily directed to the very part of the country, where, from the 
force of locality alone, the good example of their frugal and sober 
lives would be most apparent, and where their influence, exerted 
in behalf of freedom of conscience, would be of most avail. For- 
tunately, this did not take place until their demeanor had lost the 
peculiarities which had rendered them so offensive in their earliest 
days, nor until good sense, supported by self-control, had resumed 
its sway over them. Accordingly, they turned their faces toward 
what was afterward New Jersey, and, later still, when the Swedes 
had been rendered powerless to oppose them, to what is now 
Pennsylvania. 

Their advent was most propitious for the cause of freedom of 
conscience. Massachusetts had intensified her intolerance by 
adopting a censorship of the press ; an innovation which derives 
its importance rather as an evidence of the spirit pervading the 
colony than from any practical result. In Virginia, where intol- 
erance had entrenched herself, the forces of rationalism and mys> 
ticism would have had a weary and profitless contest. In 
Maryland, the Revolution had been felt, and the hands of the 
northern Puritans who had made their way into her bounds 
having been strengthened as those of the Roman Catholics had 
grown feeble, the former had lost no time in taking advantage of 
the change, to strike down toleration and raise the standard of in- 
tolerance. Cromwell, however, in whom the principles of the 
Independents were then uppermost, and who was not slow to per- 
ceive the political advantage of maintaining a tolerant common- 
wealth to counterbalance the intolerance of Virginia, had the 
proprietary's patent confirmed, and, after several fluctuations, this 
Palatine was reinstated in his rights, and with him the former 
principles of toleration, which, as it turned out, in a sho'rt time 
survived his own power. Still, though it had gained the ascend- 
ancy, the cause of conscience was not strong enough to maintain a 
defiant attitude. South of Virginia, the population was so thin and 
scattered, that its spiritual condition can hardly be described. 
The few people that were there, received with uniform kindness 
the representatives of any church or sect that happened to go that 
way, but freedom of conscience as a social force was unknown. 



FREEDOM OF CONSCIENCE IN RHODE ISLAND. 69 

It was, then, in Rhode Island alone, that, about 1676, when 
Quakerism took possession of West New Jersey, the golden doc- 
trine may be said to have existed in simplicity and purity ; for 
that colony then possessed a charter which, more liberal even 
than that of Maryland (inasmuch as it did not exact the oath of 
allegiance), gave. every thing which freemen could desire. Charles 
II., in 1660, in answer to a petition of the colonists for a patent, 
which should enable them " to hold forth a lively experiment, that 
a most flourishing civil state may stand, and best be maintained, 
with a full liberty of religious concernments," granted a charter 
by which not only the independence of Rhode Island as to Mass- 
achusetts was recognized, but by which a democratic form of 
government was conceded, and full liberty granted the colonists 
to make their own laws ; the only stipulation being, that such laws 
should be in conformity with those of England, yet, nevertheless, 
"agreeable to the constitution of the place and the nature of the 
people." But by far the most important and beneficial clause in 
this benign charter was that which -prescribed, that "No person 
within the said colony, at any time hereafter, shall be anywise 
molested, punished, disquieted, or called in question, for any dif- 
ference in opinion in matters of religion ; every person may at 
all times freely and fully enjoy his own judgment and conscience 
in matters of religious concernments." 

Thus it was, that in Rhode Island alone full liberty of con- 
science and of worship could be said to exist. The advent of the 
Society of Friends was now, however, to give it the impulse nec- 
essary to the enlargement and establishment of its domain. This 
impulse was due to four things : to the time when West Jersey 
and Pennsylvania were settled ; to the central position occupied 
by these two colonies, Pennsylvania, at a later day, indeed, from 
its topographical relations to the other colonies, being styled, the 
Keystone of the arch ; to the accession of adherents thus 
brought to the cause ; and to the judgment and prudence with 
which the Quakers advocated their principles and the fidelity to 
them they displayed. 

The firstQuaker settlement in West Jersey was planted, in 1675, 
at Salem, on the Delaware, and, to those who emigrated, the Pro- 
prietaries gave this remarkable assurance : " We lay a foundation 
for after ages to understand their liberty as Christians and as men, 



70 CONSTITUTIONAL LIBERTY. 

that they may not be brought into bondage, but by their own con- 
sent ; for we put the power in the peopled This is the most striking 
instance of a purely popular government being resolved upon in 
England, and being freely granted therefrom to a colony, and 
justifies the assertion, that the Quakers did not content themselves 
with seeking greater freedom in religion, but aspired to a form of 
government more popular in its constitution than any then exist- 
ing. The fact may be explained by the natural indisposition of 
the colonists,' who were all of the same social class, and that a 
humble one, to open the door to the ascendency of any ambitious 
men the ignorance and inexperience of the colony might tempt 
thither, or who, under the unequal favors of fortune, might rise 
out of their own midst. Were such the motive, it was a wise one, 
but, be it what it may, the interest of this surprising step is height- 
ened by the consideration that it was first taken by a people who 
make it a part of their creed to uphold and maintain the existing 
government, whatever it be, so long as it is not hostile to the laws 
of God, and who profess to abhor change in political rule.' 

The laws enacted under the guaranty of the Proprietaries at 
once showed the existing desire for a government by the people, 
and the lofty principle which the colonists meant to enforce on 
the banks of the Delaware. The very first enactment made by 
these rustics was as follows : No man, nor any number of men, 
hatli power over conscience. No person shall at any time, in any ways, 
or on any pretence, be called in question, or in the least punished or 
hurt for opinion in religion. Then followed the clauses relating 
to the legislature, the elective franchise, the executive and the ju- 
dicial branches of the government. The general assembly was to 
be chosen, not by the confused way of cries and voices, but by 
the balloting-box, and every man was to be capable of choosing 
and being chosen. The electors were to instruct the deputies, 
and, in return, the deputies were to bind themselves, by indentures 
under hand and seal, to obey the instructions. Were the deputy 
disobedient or unfaithful, he could be questioned before the legis- 
lature by any one of his electors, and " that he may be known as 
the servant of the people," one shilling was to be paid him daily 
by his constituents, in satisfaction of his trouble and outlay. 

As for the executive power, it lay in ten commissioners appointed 

' Penn's Preamble to his " Frame of Government." 



THE QUAKERS OF WEST JERSEY. J I 

by the legislature ; and, with respect to the judiciary, the judges 
were likewise appointed by the same body, and, holding their 
offices for a term of two years only, sat merely as assistants to the 
jury, which, as in England, consisted of twelve men. No attorneys 
or counsellors were permitted to practise ; no one could be im- 
prisoned for debt, and the penalty of death could be inflicted only 
for murder. 

This constitution, if so it can be called, is a medley of golden 
principles and inefficient mechanism. The head is the head of a 
god, but the limbs are those of a paralytic. Here are a people, 
who, of a truth, love justice and hate iniquity ; a people, whose 
humble pride is to order their ways by those of experience ; whose 
cardinal doctrine in the pursuit of truth is absolute freedom of in- 
vestigation and discussion, and who, be they ever so hard pressed, 
scorn any other weapon in its defence ; whose sense of order and 
attachment to freedom of action lead them to abhor the confusion 
of mob rule or the oppression of oligarchies, and whose mainten- 
ance of the doctrine of equal rights to all, is known of men ; yet, 
we behold this people, when they come together to organize a body 
politic which shall have these matchless principles for social forces, 
cast to the winds the teachings of experience and common-sense, 
and the same voice which startles a world by its crying in the 
wilderness, forbids the existence of an independent judiciary, takes 
away from the accused his right to thorough investigation, shuts 
the mouth of the patriot against discussion, deprives the legislator 
of the noble character of representative, fetters his action, and 
hands over the_ commonwealth to as real a Council of Ten as ever 
whispered its decrees in the chambers of the Doge's Palace. 

This constitution might exist for a while among a scanty, 
simple, and agricultural people, whose wants were few, whose 
ideas were narrow, and whose moderate ambition offered no field 
to conflicting interests : but it could never endure in any ordinary 
community, and, in fact, it,psavors more of the government of a 
sect, or order, than of a people. But, on account of the populari- 
ty of government which it exposes, it should be held in the 
greatest importance by the historian and the political philosopher. 
No matter how defective the machinery these clumsy hands put 
together, one thing appears — that its force was deliberately in- 
tended to maintain a democracy. It is not, however, the merits 



72 coNsriruriONAL liberty. 

or dements of this constitution, as a work of state-craft, with 
which we have to do, but the spirit which gave it being, and the 
results it produced. What was its motive, what its tendency, and 
what were its effects upon American character ? Its motive, un- 
doubtedly, was the desire of the individual for greater freedom of 
political action than any he had hitherto enjoyed — its intention 
was to organize a democracy ; as the work of those who had 
bargained it out of the lords of the soil, its tendency was, by 
showing those who came after them that they could obtain the 
same liberties if they pursued a like course, to broaden the area 
of popular government ; and its result was, to plant a democracy 
on American soil and to foster the notions of self-government. 

That such were the effects, was soon shown in the fruit of the 
tree ; for, a few years afterwards, in 1682, Pennsylvania was 
founded. There can be no question of the settlement of Pennsyl- 
vania being a result of that of West Jersey. The attention of 
Penn, the great founder, had been attracted to the territory west 
of the Delaware, by the success of the West Jersey colony, of 
whose progress he kept himself informed through his connection 
with the estate of Byllinge, the proprietor. The patent issued by 
James the Second, in 1681, makes no mention of toleration, nor 
does the " Frame of Government," composed by Penn and pub- 
lished in 1682 ; but as, in the "Laws Agreed upon in England," 
in 1 68 1, toleration in matters of religion was broadly asserted, in 
a way that leaves no doubt of its recognition as a social force, and 
as afterward, in the " Great Act," passed at Chester, it was emphati- 
cally made the law of the land, in almost the very words of the 
" Laws Agreed upon in England " ; and, moreover, what is of still 
greater importance, as both Proprietary and people held them- 
selves out to the world as the guardians of toleration, and not 
only enacted statutes to protect it, but obeyed them in spirit and 
in truth, the Quakers of Pennsylvania have ever been regarded, 
the world over, as the devoted advocates and supporters of free- 
dom of conscience, and the settlement of the province as one of 
the greatest events in the annals of that doctrine. It would, in 
fact, under the principle of the Inner Light, so fondly cherislied 
by them, have been impossible for the Quakers to be any thing 
else ; and the prominence attained by them at the time is mostly 



QUAKERISM IN PENNSYLVANIA. 73 

due to the tenacity with which they chmg to liberty of conscience, 
the earnestness with which they advocated its extension, and to 
the good-fortune which transferred to their hands the destiny of 
this doctrine, in a locaHty where there were none to oppose it, 
and in days when the encouragement of the sovereign was aug- 
mented by the necessity he was under of courting the good-will 
of the Dissenters. 

Though their history, like that of every other religion, is disfig- 
ured, at times, particularly at the outset, by the marks of sectari- 
anism and fanaticism, they were never unfaithful to this principle, 
and their unwavering fidelity has won from all creeds the respect 
and gratitude which have been ungrudgingly accorded it. 

The times, and the relations existing between the Penns and 
the royal family, were propitious to the undertaking that William, 
the son, resolved upon. The services of the late x\dmiral, in the 
war against the Dutch, and a debt due to him from the crown, 
smoothed the way to a successful negotiation, and Penn soon 
found himself in possession of a charter, which gave him all he 
desired — the title to a seigniory, to be styled Pennsylvania,' of 
vast extent, lying in a temperate and fruitful region,'easily acces- 
sible by water, clothed with dense forests, and, above all, unoccu- 
pied by Europeans. The soil and climate offered every thing 
requisite to the rapid and healthy growth of a sturdy people, and 
the solitude opposed nothing to the free exercise of their princi- 
ples, except the physical limitations imposed everywhere by the 
seasons' difference. The woods were more free from peril than 
the envious court. 

This charter, as expressed in the preamble, was granted to Penn, 
" out of a commendable desire to enlarge our British empire, and 
promote such useful commodities as may be of benefit to us and 
our dominions, as also to reduce the savage natives, by just and 
gentle manners, to the love of civil society and Christian religion " ; 
and having described the boundaries and defined the tenure, which 
was " to be holden of us, our heirs and successors, kings of Eng- 

^" I proposed * * Sylvania, and they added Penn to it, and though I 
much opposed it, and went to the king to have it struck out and altered, he said 
it was past, and would take it upon him. * * * j feared lest it bhould be 
looked on as a vanity in me, and not as a respect in the king, as it truly was, to 
mv father." " I^etter to Rob. Turner." Hazard's "Annals," 500. "Reg. 
Peuns.," I, 297. " Memoirs, Penn. Hist. Soc." 



74 CONSTITUTIONAL LIBERTY. 

land, as of our castle of Windsor, in the county of Berks, in free 
and common socage, by fealty only, for all services, and not in 
capite or by knight service, yielding and paying therefor to us * * "^ 
two beaver skins, to be delivered at our castle of Windsor, on the 
first day of January in every year," it granted to Penn, among 
many franchises, the right of making the laws " with the advice, 
assent, and approbation of the freemen of the said country, or the 
greater part of them, or of their delegates or deputies," so long 
as they should not be repugnant to those of England ; but the 
right was reserved to appoint, on the petition of twenty inhabitants, 
"preachers" approved by the Bishop of London/ 

Thus, while the people were assured of their liberties by the 
safeguard which a personal share in the government alone se- 
cures, a saving clause retained the right to the enjoyment of the 
Church of England's services, upon the demand of a number of 
inhabitants sufficient to warrant the procedure. It will be ob- 
served, that this charter, which breaks the silence respecting re- 
ligion to display a qualified preference for that which was estab- 
lished in the mother-country, cannot be ranked in the same 
category with that of Rhode Island, which placed no limitation 
whatever on conscience ; or with that of Maryland, which imposed 
but one ; nor, on the other hand, can it be classed with those 
which directly recognized the establishment of the Church of 
England, as did those of New York and Virginia. In respect to 
religion, it was silent ; it permitted, indeed, freedom of conscience 
by implication, but the enforcement of this freedom, which brought 
such glory to Pennsylvania, was due to the devotion and determi- 
nation of the Founder and his people only : in no respect was tol- 
eration a gift of the crown, which regarded the grant of a desert 
in the other hemisphere simply as a new way of paying old debts. 

Penn sent out a deputy to take possession, who likewise bore a 
letter to those who had already gone before, in which he tells 
them, that they are now fixed at the mercy of no governor that 
comes to make his fortunes great, but that they shall be governed 
by laws of their own making, and live a free, and, if they will, a 
sober and industrious people. ° He himself remained in England, 

' See preamble to the cliarter, and sections I, III, IV, V, and XXII. 
Hazard's "Annals," 488, et scq. 

'^ " Letter for the Inhabitants of Pennsylvania, to be read by my Deputy." 
Ibid., 502. 



PEiVN'S ARRIVAL IN AMERICA. 75 

for the time being, for he knew well that the foundations of an 
English colony were, first of all, to be laid there, ^ and that it would 
only entail on Pennsylvania the evils which other colonies had 
been called on to endure, were he, like their leaders, to first plant 
the colony, and then secure the privileges. Accordingly, p)rofiting 
by their experience, he delayed his departure in order to oversee 
for himself the organization of what he firmlv believed was to be- 
come a great State," and it was thence that he issued his "Letter 
to the Inhabitants of Pennsylvania," ^ his "Argument in favor of 
Colonies,"* the "Conditions and Concessions"'^ agreed upon 
between himself and the purchasers, the "Instructions to his Com- 
missioners,'' ° in which he first exposes his admirable policy re- 
specting the Indians, his "Letter to the Indians"^ themselves, 
the "Charter for the Free Society of Traders,"^ the "Frame of 
Government," ' which is preceded by an essay setting forth his 
views of government and civil society, and, especiallv, the "Laws 
Agreed upon in England,"'" which were intended to be altered 
or amended by the colonial assembly, if needs be, and which was 
afterward done. Then, having thus made straight his paths 
beforehand, he bade farewell to England, and, on the 27th day of 
October, 16S2, arrived before the town of New Castle, in what is 
now Delaware. 

The political principles and method of organization which 
were to direct the colony, are to be found in the " Frame of Gov- 
ernment," but it is in the " Laws Agreed upon in England " that 
we are to seek for the first proclamation of religious liberty in 
Pennsylvania. It is as follows : " That all persons living in this 
province who confess and acknowledge the one Almighty and 
Eternal God to be the Creator, Upholder, and Ruler of the 
world, and that hold themselves obliged in conscience to live 

^" I shall have a tender care to the government, that it will be well laid at 
first." — " Letter to R. Turner," Hazard, 500. 

^ There are many instances of this hopeful anticipation on his part. I will 
cite, however, only the earliest one I have at hand ; it is contained in the letter to 
Robert Turner, previously referred to, and written before he set foot in Anierica: 
" Tt is a clear and just thing, and my God, that has given it me through many 
difficulties, will, I believe, bless and inake it the seed of a nation." 

^Hazard, 502-3. ^ Ibid., 505, et scq. 

'•"Ibid, 510, 516, et seq. "^ Ibid., 527, 52S, 529, 530. 

"' Ibid., 532, 533. ^ Ibid, 541, et scq. 

''Ibid., SS'^,etseq. ^'^ Ibid., 568, et seq. 



']6 CONSTITUTIONAL LIBERTY. 

peaceably and justly in civil society, shall in noways be molested 
or prejudiced for their religious persuasion or practice in matters 
of faith and worship ; nor shall they be compelled at any time to 
frequent or maintain any religious worship, place, or ministry 
whatever." Thus, Jew or Gentile was to be protected both in his 
f^ith and in the observance of it, and could live on the shores of 
the Delaware unmolested and unprejudiced on account of con- 
science, So long as the existence of God was acknowledged. If 
freedom of conscience was not asserted, toleration was. Atheists 
and polytheists were alone debarred, and with the same breath 
there was erected a barrier against the establishment of any churcli 
as a political institution. 

It must be confessed, however, that the broad prmciple thus 
laid down was not maintained in the legislation that followed. 
Hardly had Penn taken the repose necessary after a long voyage, 
and one which was rendered doubly trying by the presence of an 
epidemic on board ship, than he called together a General Assem- 
bly of the colony (which at that time embraced what is now the 
State of Delaware as well as that of Pennsylvania), at Upland, or, 
as it is at present styled, Chester, in order that the colonists might 
begin for themselves the legislation needful to the well-ordering 
of their affairs. The constitution, as it may be called, of the col- 
ony, was, until then, to be gathered only from the royal letters 
patent, the "Frame of Government," and the ''Laws Agreed 
upon in England." The colonists were now, however, to take 
care of themselves, and their first duty was, evidently, to ratify 
by their own legislation the principles contained in the organic 
law, and to enact a body of laws which, dispensing with those 
agreed upon in England, should derive their force and virtue 
solely from the action of those who were to obey them. This 
they promptly did, and, after settling the affairs which were most 
pressing, they gave to the inhabitants what has since been known 
as the " Great Law of Chester" ; a code to this day held in rev- 
erence by the people of Delaware and Pernsylvania, who regard it 
as the source of some of their most cherished institutions/ In 
this law the different branches of the government were defined, 

■" Particularly those which prescribe the registry of deeds, etc.; the distribution 
of intestates' estates ; the power to make wills ; the liability of lands to be taken 
in execution and sold for the payment of debts ; prisons to be workhouses, 
etc. 



LIMITA TIONS ON FREEDOM OF CONSCIENCE. 7/ 

and their limits prescribed.' The Governor, as Proprietary, of 
course derived his powers from the Charter, which expressly 
enumerated them ; but the limitations on the legislature and the 
judiciary, and the qualifications of the officers, representatives, and 
electors, could, under the letters patent, be determined only by 
the Governor, as Proprietary or lord of the seigniory, by and witli 
the advice, assent, and approbation of the people themselves in 
general council assembled. It was on the qualifications of these 
officers, representatives, and electors, that the emphatic assertion 
of religious liberty, so broadly laid down in " the Laws Agreed 
upon in England," first received a check. The religious liberty 
there described and pledged, was, in the very first section, made 
to read Christian liberty ; an ominous modification which was 
speedily amplified in the second section into the provision, that 
all officers employed in the service of the government, and all 
members elected to serve in the Assembly, with those who had the 
right to elect them, should be such as professed and declared that 
they believed Jesus Christ to be the Son of God.^ Thus, no Jew 
or freethinker (atheists and those equally heretical having been 
excluded already from the shelter of toleration) could be either an 
elector, a deputy, or an officer of government ; though there was 
nothing to prevent his being a resident, and, as such, claiming 
the protection of the administration, so long as he behaved 
himself well and paid scot and lot to the governor. 

To this qualification for freemen was added still another, by 
section sixty-fifth, which required them to be landholders, or, in 
default of realty, to pay certain taxes. Between these two sec- 
tions, the latter of which makes no mention whatever of faith or 
creed, there seems to be a conflict ; as the sixty-fifth expressly 
says, that any " other resident in the said province [than a land- 
holder], that pays scot and lot to the governor, shall be deemed 
and accounted a freeman of this province and territory thereof ; 
and such only shall have right of election, or being elected to any 
service in the government thereof." Thus, there is an obvious 

^ " I took a trip once with Penn to his colony of Pennsylvania. The laws 
there are contained in a small volume, and are so extremely good that there has 
been no alteration wanted in any of them. * * * Tiiere are four persons as 
judges on the bench ; and, after the case has been fairly laid down on both 
sides, all the four draw lots, and upon whom the lot falls decides the question." 
— Spence's "Anecdotes." 

^ See Appendix B 



78 CONSTITUTIONAL LIBERTY. 

difference ; for, if the freemen were to be such as are thus de- 
scribed, and those who were freemen were to be electors, then, 
no religious restriction herein appearing, any one, be his belief 
what it may, was a freeman, and could vote and be voted for ; and 
section sixty-fifth must conflict with section second, wherein the 
right to elect and to hold office is restricted to Christians only. 
But, inasmuch as these two sections are part and parcel of the 
same instrument, are of equal weight, and refer to the same 
things, the conclusion is irresistible, that they must be construed 
together, and that, by the "Great Law of Chester," the freedom of 
the colony belonged of right only to the Christian landholders 
and the taxpaying Christians of the province. 

It can hardly escape the notice of the observer, that where the 
doctrine of toleration was set forth with no limitation except that 
of a belief in God, was in England and previous to Penn's de- 
parture ; and that where the restriction concerning Christianity 
was imposed upon it, was in America where the people had a 
voice. It is impossible to forego the conclusion, that the former 
was the doctrine of Penn,^ and the latter that of his foUovv-ers ; 
and that the Proprietor was compelled to accept the qualification 
in order to save what he could of the principle. As a body, the 
Quakers, evidently, were not yet abreast of their leader's standard. 
However, the " Great Law of Chester " reduces Pennsylvania to 
the plane of Maryland, elevated though that be in the list in which 
the historian of religious liberty must to-day class its strongholds, 
and both these colonies must yield to Rhode Island the distinc- 
tion of being the only one, as yet, whose head rose above the 
clouds. 

One cannot refrain from admiring the order, system, and pru- 
dence which characterized the settlement of Maryland and Penn- 
sylvania. What can be said of Maryland may also be said of 
Pennsylvania, where as little as possible was left to chance, and 
where common-sense governed the enterprise from first to last. 
The distinguishing fact has already been remarked, that the Pro- 
prietary used his experience of courts and high places to the ben- 

' " I went thither to lay the foundation of a free colony for all mankind 
that shotcld go thither, more especially those of my oM'n profession ; not that I 
would lessen the civil liberties of others because of their persuasion, but screen 
and defend our own from any infringement on that account." — " Letter to 
JNIompesson," " Mems., Hist. Soc. of Pa.," ix, 373. 



ORDERLY MODE OF SETTLEMENT. /Q 

efit of his people, in this respect : that he obtained his franchises 
and privileges hefoi'e he planted his colony. The same prudence 
dictated the ensuing measures. Instead of casting shiploads of 
helpless enthusiasts into a wilderness Avithout provisions, without 
shelter, or even the resources to supply the ordinary wants of 
human beings, the proper seasons for making voyages were 
chosen, the nature of the ground had been thoroughly ascertained 
beforehand, shelter and comfort awaited those coming, and, in 
fact, every thing was conducted, from the first step to the last^ 
with a systematic ordering, which looked, not to the temporary 
seclusion of a sect, but to the foundation of a State for all time 
and for all people. First went the surveyors to lay off the land ; 
then followed the artisans to build the tenements, which enabled 
the colonists; immediately upon their arrival, to enjoy the repose 
needed after a wave-tossed voyage ; and, last of all, came the 
men, women, and children. Gardens were planted, fields tilled, 
towns laid off, and houses erected, before the mass of emigrants 
arrived. The new sect, in its increase, now embraced members 
of the higher classes, and, as these colonists were of a station in 
society which implied ownership of goods, they naturally brought 
with them considerable wealth, and it may be truly said, that 
Penn's colonists simply transferred themselves and their belong- 
ings from homes in England to homes in Pennsylvania. The let- 
ters of the settlers to their friends and relatives, previous to leaving 
the old country, afford abundant evidence of the deliberate and 
orderly way in which the removal of their household goods to 
America was regarded by those among them who were best off, and 
it is not an uncommon thing to meet with paragraphs imparting 
the information, that, as soon as the dwelling in Pennsylvania 
should be finished — generally by the ensuing spring, — the family 
expected to sail, and to find, on its arrival, the garden planted, the 
farm stocked, and the house provided with the furniture already 
shipped under the care of servants.^ The shifts for lodging which 
the first builders of Philadelphia were put to, were merely those 
that are incident to the building of any frontier village. It is yet 

•* In order to induce servants to go to the colony, fifty acres each are prom- 
ised, and that this class became at once sufficiently numerous to justify the es- 
pecial attention of the administi-ation, is shown by the references to it in the 
"Conditions and Concessions," sect, vii ; Penn's "Charter to the People," 
sect, xxiii ; and in the " Great Law of Chester," sects. 25, 56, 65. Of course, 
ihey indicate also the prosperous condition of their superiors. 



80 CONSTITUTIONAL LIBERTY. 

a daily occurrence of border life, that the mechanics and their 
families, if there be any, must " camp out " until the roofs which 
are to cover them, are constructed ; and so it was with these. 
The solid, substantial growth of Philadelphia, indeed, can only 
be accounted for by the wealth the colonists brought with them, 
by its steady increase, by the orderly, careful, and thorough way 
ill which they set about building their city, and by the determina- 
tion of every family which had come, to stay.' At a very early 
period we find the more opulent families in possession of country 
houses," to which they retired during the heats of summer, as well 
as of town houses, where they passed the winter ; and to this day 
the neigliborhood of Philadelphia is dotted over with antiquated 
residences, or with modern mansions which have taken their places, 
whose well-trimmed lawns and hedges, old though they be, are not 
as ancient as their names, which perpetuate the early settler's fond 
remembrance of the home he left behind him in England. 

Nor are the physical features which distinguish this colony from 
the others, more marked than those which characterize it socially, 
religiously, and politically. The anomaly presented by a people 
])rofessing the doctrine of passive obedience, and whose grateful 
regard for the intolerant House of Stuart never grew cold, actu- 
ally stipulating for the free exercise of political principles Avhich 
were sure to modify the form of government they were born 
under, has been already pointed out ; but it is as remarkable as it 
was when Maryland and Rhode Island returned the world good 
for evil, that a people whose existence had always been at the 
mercy of intolerance, should be foremost in the establishment of 
toleration, and that those who had scarcely known any thing else 
than to be smitten on the one cheek, should make a political 
principle of the sacred injunction to turn the other. This pas- 
siveness, indeed, has been, at once, the glory and the bane of the 
Quakers. It has achieved for them some of the most splendid 
conquests ever gained by man over himself : but, then, by inces- 

' Taylor, afterward the Surveyor-General, in lines expressing the result of his 
astrological computations respecting Philadelphia, thus breaks forth : 
"A city built with such propitious rays, 

Will stand to see old walls and happy days." — (1705.) 
* The Proprietary had his country house at Pennsbury. The Logans, Nor- 
ri-^es, etc., contemporaries of William Penn, all retired in summer to their 
country-seats. Southwark, Spring Garden, Stenton, Germantown, Springetts- 
bury, etc, were chosen places. 



PASSIVENESS. 8 1 

santly repressing the most active forces of social life, it has 
cramped some of the best qualities of human nature, it has forced 
the currents of existence into narrow channels, and has stinted 
society in the rich variety of personal characteristics which is the 
most pleasing feature of our race. The sworn foe of individuality, 
and chilling in the uniformity with which it has covered the Soci- 
ety of Friends, it is a poor compensation for the multiform variety 
which inventive nature is constantly asserting its right to produce. 
Immobility is not a heroic quality : nevertheless, vis inertice has 
more than once shown the world how effectually evil can be re- 
sisted by refusing to get out of its way. There are times, when, 
to resist evil, the most active assault is necessary ; there are 
others, when the necessity is to be met by a vigorous defence ; and 
there are yet others, where the end is gained by sheer immobility. 
Of these last were those in Pennsylvania which embraced the 
reign of James the Second, and which succeeded the Revolution 
of 1688, until terminated by the accession of the present reigning 
House. Every attempt to inoculate the body politic with the dis- 
temper of intolerance was resisted by the indisposition of the sys- 
tem to take the disease. As Quakerism embraced the majority of 
the people and most of the wealth, and, politically, was conserva- 
tive, it acted as a restraint upon innovation, and became a correc- 
tive of notions which would tend to subvert established principles. 
Before this passive exertion of power, the attempts of intolerance 
were bootless, and every gale was ridden out in safety by the bark 
which held the treasure simply holding on to its anchor. 

Thus, next in point of time after Rhode Island and Maryland, 
we are indebted for freedom of conscience to the Quakers. In 
Rhode Island, a purely democratic colony was established, after 
persecution and exile, by the efforts of the colonists. In Mary- 
land, New Jersey, and Pennsylvania, which were seignoral colo- 
nies, and where what democracy existed, existed by the bounty or 
sufferance of the Palatine, we see popular government placed 
firmly on its feet by the enlightenment or judgment of the 
founders. In New England, then, it was wrung from society ; 
but on the Delaware, society accepted it from the hand of the 
philanthropist ; and on the Potomac, from that of the courtier. 



CHAPTJER IV. 

Religion in the Norther.n Provinces — Continued. 

Ratiojialism oj\ New England. 

E are now to witness (freedom of conscience rising from 
the bosom of society/ instead of descending upon it, and 
to behold this social force ass(erting its existence by its own en- 
deavor, unaided by the gener4sity of philanthropy or the exercise 
of authority. 

The Great Movement, whioh closed its grand era of destruction 
with the investiture of the Protector, so affected the people of 
England, that henceforth the^y appear in a new character, and then 
began a period in their career which still continues. The history 
of England in those times' is our history. We were subjects of 
the English crown or citizens of the Commonwealth, and, being 
Englishmen, any thing tha.t affected England was not foreign to 
us, but affected us as it did those in the old country." In fact, 
the very settlement of some portions of our land, and notably of 
New England, was by na nieans an indication of sympathy with 
that great movement, but was a direct expression, a very part of 
that movement itself. The colonization of New England, then, 
occurring when it did, i?, of the highest historical importance, as it 
was one of the earliest manifestations of the spirit of revolution, 

' "Old England, dear England still ^ * * left indeed by us in our per- 
sons, but never yet forsaken in our affections. '^ * * There is no land mat 
claims our name but England ; * * * ihere is no name that calls us coun- 
trymen but the English. Brethren, did we not there draw in our first breath ? 
Did not the sun first shine there upon our heads ? Did not that land first bear 
us. even that pleasant island, * * * that garden of the Lord, that para- 
dise ? "—William Hooke'.', " New England's Tears for Old England's Fears." 

82 



PURITANISM IN AMERICA. 83 

and the most decided and practical indication of the leavening 
then going on which had so far been given. 

It was, indeed, the most positive and emphatic expression of 
insubordination possible at that time for Englishmen to enunciate. 
The mass of the colonists came to New England during a period 
when the old order of things at home was still too strong to be 
successfully resisted, and the true colonization of those wilds be- 
gan with Winthrop's expedition in 1630. 

When the Parliament of 1629 was dissolved, the hopes of rising, 
Puritanism were stricken to the ground :• henceforth the Puritan 
saw no chance for him or his in Old England. The crown was- 
fully committed to the support of the Church, which, under the 
leadership of Laud, had, on laying aside the conservative policy 
of Parker and Whitgift, adopted the most radical form of intoler- 
ance, and the complete union of the powers of Church and State- 
in an active and aggressive policy.. Resistance was apparently 
hopeless. In times not much later, and when revolution was- 
boldly cleaving its way, the men that now fled would have resisted 
to the death. Some of tlTem actually did so ; they recrossed! 
the Atlantic and joined their forces to a warfare which resulted ra 
the downfall of Church and State ; but in 1630 the mind had not 
yet cast off its old fetters, and, apparently, there was nothing else- 
to do but escape. This they did, and thus Puritanism became- 
American as well as English. The same Puritanism which, unop- 
posed, developed quietly in Massachusetts, opposed' brought om 
the struggle in England that terminated only with the Common- 
wealth. The Puritanism of America sympathized with and coun- 
tenanced that of England. It did more : it gave physical aid 
toward the accomplishment of Puritan ends at home. It did not 
make itself one with it, for it was already and ever had been one 
and the same thing, and hence it is necessary to a knowledge of 
Puritanism in New England to know what it was in Old England — 
the more so, as, from the opposition it there met, its characteristics 
were more clearly brought before the world, and its nature can be 
more easily and fully determined, while the very freedom of its 
course in New England prevented the most active and interesting 
qualities- of its nature from making themselves conspicuous. 

That the motive which led to the colonization of New England 
was one in. nature with that which brought about the Puritan 



84 CONSTITUTIONAL LIBERTY. 

revolution in Old England, needs no argument. Religion was 
the inciting cause of both ; though the remote cause, as we have 
seen, is to be found in the necessity of supplying the new wants 
which resulted from an antecedent expansion of intellectual ac- 
tion. The historical importance of this identity is strikingly 
shown by the epoch of the Puritan colonization, by the duration 
of emigration, by the sudden cessation of that emigration, and by 
the history of its activity as a social force on American soil. 

The way for emigration had already been pointed out by sev- 
eral feeble bands of Brownists or Separatists, who had sought 
shelter in Holland, and had thence betaken themselves to America. 
The first of these (who have since been exalted by the appellation 
of . "Pilgrims") had directed their course to the Hudson, but 
had been compelled to land in Massachusetts Bay. Their num- 
bers were sufficient only to augment their misery and to disclose 
the impotence of efforts to colonize where means, influence, sup- 
plies, and even ordinary foresight Avere lacking.' 

The dropping of their anchor was the signal for a compact, 
which was intended to be the first step toward organization. It 
was as follows : 

" In the name of God, amen. We, whose names are underwrit- 
ten, the loyal subjects of our dread Sovereign Lord King James, 
etc., etc., having undertaken for the glory of God and the ad- 
vancement of the Christian Faith, and the honor of our King and 
Country, a voyage to plant the first colony in the northern parts of 
Virginia, we do by these presents solemnly and mutually, in the 
presence of God and one another, covenant and combine our- 
selves together into a civil body politick, for our better ordering 
and preservation, and furtherance of the ends aforesaid : and by 
virtue hereof do enact, constitute, and frame such just and equal 
laws, ordinances, acts, constitutions, and offices, from time to time, 
as shall be thought most meet and convenient for the general 
good of the colony : unto which we promise all due submission 
and obedience." 

■" Their improvidence and helplessness are shown by the facts, that, for four 
years after their arrival, their chief dependence was on the corn purchased from 
the Indians. They did not even have nets to catch the fish, with which the 
waters teemed, nor salt to preserve them, had they been caught. "^In 1623, ail 
they could set before the third arrival of colonists were a lobster, a piece of fish, 
and a cup of water. Bread there was none. Yet these people had contracied 
to pay forty-five per cent, interest per annum on loans. This and comnuinity 
of property repressed energy and fairly choked the enterprise from the start. 



THE MAYFLOWER COMPACT. 85 

This, the whole of the compact, was signed by forty-one per- 
sons. It has been greatly lauded, and this laudation may be 
summed up in the assertion of a writer of great weight,* that the 
compact " was in its very essence a pure democracy." 

This emphatic and sweeping assertion cannot maintain itself 
against scrutiny ; for a democracy is not expressly stated in the 
instrument, it does not appear by implication, nor is it warranted 
by the condition of the pat-ties. 

I. In respect to the condition of those who signed it : that all 
were of one class, and of the class of commoners, no more affects, 
of itself, the nature of the instrument, and what flowed from it, 
than if all had been lords. They were citizens of a monarchical 
and aristocratic State, engaged in a voluntary undertaking, and 
they must be taken as representatives of such a State, and of no 
other. There is, then, nothing in the condition of those who 
signed the compact to warrant the assertion that their covenant 
was in its essence a pure democracy, or the outcome of one. 

Such a conclusion, therefore, can be justified only by express 
terms or by reasonable implication. 

II. The terms speak for themselves, and they express nothing 
of the kind. They are worthy of analysis. The compact is com- 
posed : first, of a Preamble ; second, of a. Covenant ; and, third, 
of a Provision for Autonomy. 

'Yh.G. preamble contains (i) the j'/y/^ under which the signers act : 
it is " the loyal subjects of our dread Sovereign Lord King 
James " ; and (2) the objects of the undertaking, which are {a) 
" the glory of God and the advancement of the Christian faith," 
and {b) " the honor of our king and country." 

Then follows the covenant, which has for its object their combi- 
nation " together into a civil body politick," and which expresses 
one other purpose in addition to the two specified in the preamble ; 
namely, {c) "our better ordering and preservation." 

Further than these there is no assertion whatever except this, 
" and by virtue hereof [we] do enact, constitute, and frame such 
just and equal laws, ordinances, acts, constitutions, and offices, 
from time to time, as shall be thought most meet and convenient 
for the general good of the colony : unto which we promise all 
due submission and obedience." This last clause may be re- 

^ Mr. Justice Story, '' Commentaries on tlie Constitution," ch. iii, sect, 55, 



86 CONSTITUTIONAL LIBERTY. 

garded as an assertion of autonomy ; but whether that autonomy 
is to be aristocratic, oHgarchical, democratic, or composite, is not 
disclosed. 

Here, then, we have the subjects of a monarch undertaking the 
planting of a colony for {a) the glory of God and the advance- 
ment of the Christian faith ; {b) the honor of ki.ng and country ; 
and [c) their own better ordering and preservation. 

III. Is a democracy to be deduced by reasonable implication ? 
The tenor of the whole instrument taken together does not con- 
vey such implication. Certainly, a declaration beginning wilh a 
solemn assertion that the parties to it are subjects of a certain 
king, and ending with the equally solemn avowal that the enter- 
prise is undertaken for the honor of that king and country, con- 
tains nothing from which a democracy can be deduced. The pre- 
sumption that it means what it says must prevail — that a band of 
monarchists are engaged in an undertaking by which they hope 
and intend to enlarge the dominion and power of their monarchy. 
This conclusion established, the subsequent clauses must be in- 
terpreted by it. These clauses, however, contain nothing but the 
ordinary language which any body of men, whether from an au- 
tocracy, a monarchy, or a rcpubhc, would use when taking the first 
step toward organization in a desert, where neither civilization, its 
laws, nor the machinery to enforce order exist. The natural in- 
terpretation, therefore, gives place to no other, and, as organic 
law, the compact must be regarded as simply a first step to order, 
and one which serves equally to the establishment of a republic, 
a monarchy, or a despotism. 

This compact is justly considered of the highest importance 
from its assertion of autonomy. Farther than this, however, it 
demands no especial regard from the student of political history. 
It does not define what the nature of this autonomy is to be ; in- 
deed, it could not well do so, and, in order to ascertain that nat- 
ure, we are left to the time, when, under the force of self-develop- 
ment, tlie character of the autonomy becomes fixed and manifest. 
This is soon effected, and the result is any thing but a democracy. 
The state consisted of the freemen ; the freemen were the adult 
male members of the church'; the legislature consisted of the 

' " Not a fourth part of the adult population were ever laiembers." Hildrelh, 
" Hist. U. S.," rev. ed., I, chap. vii. 



'THE PURITAN MIGRATION. 8/ 

whole body of freemen, and these chose the governor. Thus the 
autonomy was built upon the church as the foundation. In spirit 
it was a theocracy, and every theocracy is of the essence of des- 
potism : in the flesh it was an oligarchy whose invisible Head and 
Ruler was God, who spake by the prophets, and whose vicarious 
executive force in the commonwealth was the clergy.* A despotic 
government, it was soon rent by dissension ; an intolerant govern- 
ment, its arrogance disappeared before the first rays of freedom 
of conscience ; an ideal government, it was merely that dream of 
the enthusiast, well known to history, of which in our times no 
illustration exists, unless it be found in the Church of Latter Day 
Saints, or Mormonism. 

Thus it is seen, that, instead of being of the essence of a pure 
democracy, the compact was the natural expression of law and 
order simply, and that the autonomy revealed in it developed 
into an oligarchy. This it did with startling rapidity ; and, if a 
tree is to be known by its fruits, we cannot with truth apply to 
the seedling planted by the Pilgrims any democratic attributes 
whatever. 

At first the progress of the colony was slow ; few reinforcements 
arrived, dissension agitated it, and its foothold was in every way 
precarious. Help, however, came from an unexpected quarter. 
Laud, the very antichrist himself, unwittingly did for the colony 
what it could not do for itself : he strengthened it with numbers 
and respectability. The Pilgrims had been poor and of small 
account, but a different class of men was now to shape the desti- 
nies of the settlements. Laud undertook the reactionary work of 
bringing back the religion of the kingdom to the point whence 
Puritanism had pushed it. This brought on the crisis, and those 
who could not maintain their footing against the combined forces 
of Church and State, fled across the waters. Hence, the Puritan 
emigration, which sought Boston and the northern shore of Massa- 

' Forty years afterward, Stuyvesant thus writes : " The colony of Boslon re- 
mains constant to its old maxim of a free state, dependent on none but God." 
"Albany Records," xviii, 124. 

" According to the system established in Massachusetts, the Church and State 
were most intimately blended. The magistrates and General Court, aided by 
the advice of the elders, claimed and exercised a supreme control in spiritual as 
well as temporal matters ; while even in matters purely temporal, the elders 
were consulted on all important questions." Hild., " Hist. U. S.," I, chap. vii. 



88 CONSTITUTIONAL LIBERTY.' 

chusetts Bay. The Pilgrim or Plymouth settlement, in familiar 
language became " the Old Colony." ' 

The emigrants were of a class superior to their predecessors in 
the Mayflower. Like them they were God-fearing, but socially 
they were of " only the best " among the farmers of the eastern 
counties and Lincolnshire. Some of them were large land- 
owners, others were professional men from the Inns of Court and 
the offices of physicians. There were clergymen of renown, like 
Cotton ; and many, very many, were university men. Members 
of the highest classes, foreseeing a storm, provided themselves 
with places of refuge in New England, should events compel their 
flight. Lord Say and Sele, and Lord Brooke, at one time con- 
templated removal to the colony ; Hampden made a purchase on 
the Narragansett, and Lord Warwick another in the valley of the' 
Connecticut, while Sir Harry Vane actually came over. Win- 
throp's party was shortly followed by eight hundred souls more, 
and in one year three thousand colonists arrived from England. 
Between the sailing of Winthrop's expedition and the assembling 
of the Long Parliament, in the space, that is, of less than eleven 
years, two hundred emigrant ships had crossed the Atlantic, and 
more than twenty thousand English people had found a refuge in 
New England.^ 

As the mass of the colonists was intelligent, sober, and indus- 
trious, so, many of the leaders were men of ability and learning. 
In the schools and universities of England they had acquired a 
familiarity with history and the classics, and a fondness for inquiry 
and disputation ; and, from the start, they brought along witli 
them their private collections of books, which the impulse of the 
true scholar, to impart to others the knowledge he has gained, 
afterward united in foundations whence have since arisen the 
splendid libraries of Yale and Harvard. Nor was this disposition 
confined to the passive acquisition of knowledge. Their resolu- 
tion and the activity of their intellect conquered the dialects of 

* "The people at Plymouth were generally Brownists, or of the more rigid 
separatists from the Church of England ; but those who afterward settled at 
Boston, like the other Puritans, lived in communion with the Church, though 
they scrupled conformity to several of the ceremonies." — Neal's " Hist. New 
England," etc., i, 130. 

^ Johnson, b. i, c. xiv ; Josselyn's " Nev/ England," 258 ; Dummer's " De- 
fence of New England Charters" ; Hutchinson, i, 91 ; " Massachusetts Hist. 
Coll.," i, xxiii ; " British Empire in America," i, 372. 



THE EARLY PURITAN A REFORMER. 89 

the savages that surrounded them, and lighted up the dark re- 
cesses of the forest with rays which had first beamed in the clois- 
ters of Magdalen and Trinity. 

The manners and habits of the early Puritans fully sustain the 
assertion that they then belonged to those who were simply " Re- 
formers." They were thoroughly English and churchmanlike, and 
bore no more resemblance to the habits and manners of the later 
Puritans than the ruddy faces and genial countenances of those 
whose laces and flowing locks might well cause them to pass for 
cavaliers of the days of Rupert, do to the pinched and sour visages 
that stare from the ungainly portraits of the Barebones and Hasle- 
riggs. The gorgeous colors of the Elizabethan age had given 
way to the quiet and autumnal tints which steal over the scene 
when glowing fancy yields to sober meditation. The light and 
airy conceits of poetry, the magnificent creations of the drama, the 
bold adventure of the mariner, the courtly delicacy of intrigue, all 
had given place to a life even more personal and emotional, yet 
marked by an abiding sense of duty, by the gravity of reflection, 
the tranquillity of self-control, and the quiet dignity of thoroughly 
felt and thoroughly appreciated manhood. The heroic age was at 
hand, but had not yet come : still the Renaissance had done its 
work, and, in the pursuit of perfect truth, men now turned from 
the cold contemplation of perfect beauty to the soul-absorbing 
contemplation of God in self. 

An unutterable dislike of the Church of Rome pervaded all 
classes of Protestant England. Clergy and laity alike showed 
their repugnance to those usages which, having descended from 
the Roman Church, savored of Romish superstition.' The country 
gentlemen, with Burleigh at their head, remonstrated against the 
measures which expelled from their charges those clergymen who 
declined to subscribe the Three Articles, and showed their restive- 
ness on the subject by a protest, in Parliament, which had the 
approval of a number of the Queen's own Councillors. But, on 
the other hand, while the same men so far supported reform, as 
to indulge a sympathy which raised the Presbyterians from an 
obscure sect to a party, they by no means nourished an antago- 
nism to the Established Church. They welcomed the appearance 
of the "Ecclesiastical Polity," wherein the judicious Hooker ap- 

' Strype's " Whitgift," 157. 



90 CONSTITUTIONAL LIBERTY. 

pealed to the common-sense and loyalty of Englishmen against 
the gloomy and despotic theology of Cartwright ; they even ap- 
proved of the latter's expulsion from his chair in Cambridge,, and 
placidly acquiesced in the expedients which checked tne Presby- 
terian movement. At that time Puritan and Presbyterian were 
two wholly different beings, though, unquestionably, the Presby- 
terian had more or less of the Puritan's sympathy. The latter 
lent his countenance, if he did not his support, and, under the 
influence of a sympathy rather felt than seen the cause of Pres- 
byterianism was strengthened, and a new sect, called the Inde- 
pendents, moreover, rose into existence. These Independents 
were the outgrowth of a handful of zealots, called Brownists, 
and who were unconnected with the Puritans or the Presby- 
terians. For a time they were called Separatists, from their 
absenting themselves from public worship on the ground that 
any national church was contrary to the Word of God. It 
was this sect that sought a refuge in Holland, and which after- 
ward founded the colony of Plymouth in New England. At the 
period of their leaving England, reHgious opinion, outside of the 
Roman Church, might thus be classified : — High Church, Puritan 
or Low Church, Presbyterian, and Independent. Of these, the 
last-named was the one whose hand was against every one, and 
against whom the hand of every one was raised. It is a common 
error to class " the Pilgrim Fathers " with " the Puritan Fathers " ; 
but it is none the less an error, for when the Independents left 
home, the Puritans were still within the limits of the Church cf 
England, while the Independents, or Brownists, were outside of 
and hostile to it. The Puritans were not, at that time, a sect, nor 
were they much more than a class. They were members of the 
Established Church, and they regarded the Independents as so 
many contumacious sectaries, in respect to whom the country was 
better off without than with them. In after times, Puritanism 
supplied New England with colonists ; but " the Pilgrim Fathers" 
were not Puritans, and it is a violation of historical truth to so call 
them. 

The Puritan of the days of James the First was a man who 
looked with horror on the Church of Rome, and with contempt 
on the Brownists. The sectaries were, to him, a tribe of fanatics, 
whose only business in life was to deny the rightfulness of every 



DISSENT AN AFTERSTEP. 9 1 

thing which preceding generations had established, and which he 
himself was glad to swear he would maintain ; they were, in 
short, almost as bad as atheists, and, moreover, were of such low 
extraction, and of such offensive manners, as to shock every in- 
stinct that an educated and well-bred Englishman could fall heir 
to. As for the Church of Rome, it was the scarlet woman ; the 
embodiment of every superstition ; the impersonation of every 
thing hostile to freedom of intellect and purity of soul. For the 
High Churchman, indeed, the early Puritan had the contemptuous 
pity of one who sees an erring comrade approach, in spite of every 
warning, too near the practices of the enemy ; and for the Lati- 
tudinarian, he had the same sympathetic solicitude which one has 
for a brother, who, heedless of the recalling voice, is wandering 
too far from the paternal standard. But from neither the High 
Churchman nor from the Latitudinarian was he yet estranged. 
He was a member of the same body with themselves, and, in re- 
spect to that body, no notion of dissent had yet crossed his mind. 
With him reformation preceded dissent ; he was first a Reformer, 
then a Dissenter. It was only when, long afterward, his efforts 
toward ecclesiastical perfecting were thwarted, and he himself pro- 
scribed by the one brother, that he followed the other, and that 
both joined company with the heretical Independents, whose native 
antagonism at last showed itself in a hostility which culminated in 
the downfall of both Puritan and Presbyterian. 

Coming hither when and aj; it did, the result of this later emi- 
gration was Puritanisni in all its simplicity, and as a distinct sect 
in doctrine, though politically subordinate to the Establishment. 
The royalists and churchmen had no motive to emigrate, and, 
therefore, stayed at home ; but the Puritans had such a motive, and 
hence it was they who came over. Had the Puritans not regarded 
England as the dominions of Giant Grim, had they not looked 
upon the ocean as a highway of escape, and the possessions in 
America as places of refuge, and, above all, had they not been 
actuated by the motive of getting somewhere where they would be 
let alone, they would have stayed where they were, and America 
would have remained a wilderness until commercial adventure, or 
some other equally exciting cause, had peopled its deserts. Or, 
while yet in England, had the Puritans been strong in numbers 
and in organization, and had they, at that time, been able to dis- 



92 CONSTITUTIONAL LIBERTY. 

play their strength sufficiently to excite in their adversaries any 
more unfriendly disposition than a desire to simply be rid of them, 
then, in that event, in order to achieve their design of coloniza- 
tion, they might have been forced into a bargain with the crown, 
which would have precluded the establishment of Puritanism pure 
and simple in the West, even were the Church debarred from mo- 
lesting it. But the fact is, the colonization of New England is 
due to these facts : first, the Puritans beheld there the peac c 
which at home was neither afforded by the present nor prom- 
ised by the future ; and, second, the State, which, for awhile hesi- 
tating, was at last glad to get rid of them, and, by so doing, to 
extend her dominion in the new commonwealths they Avere cer- 
tain to erect. The voluntary exile of one of the parties thus 
gratified both. 

It was thus, that, upon the dissolution of the Parliament of 
1629, the real Puritan emigration began, and, though composed 
of a class much more respectable in the social scale, was im- 
pelled hither by the same motive that had urged the Brownists 
or Pilgrims — namely, the desire to be where they would be let 
alone. 

A notion exists in these times, that the Puritans came to America 
for the purpose of founding free states for posterity, of establish- 
ing religious freedom for all, and of opening the gates of the New 
World to the oppressed of every people. This, however, is but 
the offspring of the same pious delusion which led the Greeks to 
see demigods in their ancestors, and the Romans to deduce their 
lineage from heroes. A few expressions, scattered here and there, 
may countenance the supposition that the most sanguine among 
them indulged the thought that posterity might regard them as 
founders of states, but there is nothing to indicate that they landed 
with the avowed purpose of building another Troy in Latium. 
They builded better than they knew, and there is nothing what- 
ever to show that they were animated by any higher impulse than 
the desire to get away from human society ; a motive hardly to 
be classed as heroic. The more remote and secluded the retreat, 
the less inviting and accessible it was to the ungodly, the better it 
was for the saints. Such disposition to seclusion might be par- 
doned as a consequence of persecution, were it not that the inten- 
tion to exclude the rest of the world betrays itself at the first 



UXSOCIAL SPIRIT OF THE PURITANS. 93 

opportunity in full force and vigor. This unsocial spirit is shown, 
not only by their express avowals, but by their legislation, which 
had for one of its chief objects the exclusion of all who did not 
think as they thought, nor do as they did, and the expulsion of 
any backslider who presumed to differ from or even doubt their 
tenets as a peculiar people. In fact they held themselves out to 
the world as a close corporation, which under no circumstances 
Avould tolerate the intrusion of others or the presence of the dis- 
affected.' What, moreover, disproves any intention on the part 
of the mass of the colonists to act the part of founders of new 
states, is the fact that, before Strafford's head was fairly off his 
shoulders, the moment the Puritans obtained the upper hand in 
England and could make their neighbors feel the intolerance they 
themselves had been protesting against, from that moment (1640) 
the colony was left to its natural increase, emigration ceased, and, 
worse still, the colonists began to return to the mother-country. 
The heroic work of founding states for posterity was dropped for 
that of uprooting the one which had come down to them from 
their fathers. 

Nor do the character of the colonists and the conditions under 
which they sailed lead to the conclusion that they came with the 
purpose of planting anew the tree of liberty, which, under their 
culture, was to blossom as it never had done before. They were 
monarchists, from Winthrop, who was moreover a conformist, 
down to the humblest follower. They were members of a corpo- 
ration emanating, like all others, from the throne, and which, like 
every other corporation, was amenable to the laws of England. 
Their charter did not grant religious toleration, nor a jot of civil 
liberty beyond what existed at home, and as the emigrants sailed 
under its solemnly accepted provisions, civil tyranny could scarce- 
ly have become intolerable, nor could the sacred fire of liberty 
have burned very fiercely in the breasts of those who subscribed 
it. In fact, for years their condition was too feeble to permit 

' Bancroft well says : " The einigraius were not .so iiuicii .l umiy poiiiic a.s a 
church in the wilderness." — "Hist. U. S.,"i, 34S. Roger Williams was the 
twentieth person ordered out of Massachusetts within the tirst seven years of its 
existence. — Dexter, "As to Roger Williams," 17 ; and further respecting exclu^ 
sion, see id., 139, 140, and " Lowell Lectures (Joel Parker) Mass. Hist. Soc. ," 
41S ; also " Home" Poetical Works of Ray Palmer, 138. For list of New 
England officers that served under the Parliament and Cromwell, see Halibur- 
ton's " Rule and Misrule of the English in America." 



94 CONSriTUTJONAL LIBERTY. 

their indulging dreams of a freedom, of which, moreover, their 
acts and utterances show they had not the faintest idea.* 

Freedom, and the notions of it, came to the colonies, as it comes 
to all bodies politic ; that is to say, by the process of natural de- 
velopment. It is the product of necessity rather than of the 
dreams of enthusiasts. When the colony had so waxed in strength 
and stature as to be conscious of its ability to take care of itself, 
then only, and not till then, do we hear voices declaring the good- 
ness of liberty, and a determination to have it ; but even then, 
these notions of liberty seemed to be confined entirely to the pres- 
ervation of the liberties specified in their charter, and the idea of 
independence to be satisfied by less interference on the part of 
the home government in their domestic affairs. It was not until 
after the cessationxof immigration, not until the colony had the 
assurance of experience that it could stand alone, and not 
until the Parliament was so hampered by civil discord that it 
could not resent assumption, — it was not till then that we hear any 
thing like independence. Then, indeed, following out the natural 
law of development, the General Court, or Legislature, summoned 
up enough resolution to declare* that " plantations are above the 
rank of an ordinary corporation," and that "colonies are the 
foundations of great commonwealths " ; but down to that time 
(1646), all utterance is limited by thankfulness for their happy 
escape from religious oppression, of joy at being able at last to 
worship God in their own way and free from intrusion, and of 
reverence for a charter which had made them, to their great con- 
tent, members of an "ordinary corporation" indeed. In short, 
there is nothing to indicate that they came over with any loftier 
purpose than to get away from the world and to find an asylum 
where their peculiar tenets could have free scope and action ; and 
the thought of assuming a nobler political character than the one 
they had always borne, or of securing civil liberty for future gene- 
rations, does not seem to have crossed their minds, nor to have 
Interrupted for a moment the play of the fanaticism they had 
braved the dangers of the ocean to enjoy. If there were any 

^ " A royal donation under the great seal is the greatest security that may lie 
had in human affairs. * * * Qod knows our greatest ambition is to live a 
quiet hfe in a corner of the world. We came not into this wilderness to seek 
great things to ourselves." — Address to CTharles II, a.d. 1644. 

" See " Remonstrance to the Long Parliament," and note sti^ra. 



HISTORICAL PLAN OF DEVELOPAIENT. 95 

thing of the kind, they left it for those to accomplish who had 
stayed behind, and it was with shrewd deHght that they accepted 
a charter, which, while it allowed freedom of worship to them- 
selves, permitted them, nevertheless, to exclude the ungodly from 
their midst, and with them all their unhallowed joys. It was 
not civil liberty they sought, but full play of their religious no- 
tions.' 

It is well for a people when they can show that they have trans- 
mitted in purity the social forces of the vigorous and sensible race 
from which they sprung, and that they have faithfully pursued the 
plan of development imposed upon them by natural law. No 
people can do better than to live naturally, and they who have 
done this, the hardest of all things for men or states, are entitled 
to the praise of mankind, be the motives of their origin what they 
may — whether they were led to found the new state from the 
necessity of escaping from slavery, like the Israelites ; from the 
need of defensive combination, like the Romans ; from the crowd- 
ing of excessive population, like the Franks ; from the desire to 
worship God in their own way, like the Roman Catholics of 
Maryland and the Puritans of Massachusetts ; or even by the lust 
of conquest or the dread of their fellow-creatures, like the Span- 
iards in Central America or the mutineers of the Bounty. 

It is certainly pleasing to liken the rise of our own people to 
that of the sun, who, by his rays, chases away the darkness which 
covered the land, and warms into activity the teeming life, which 
unto his coming had lain dormant. The fancy glows with the 
colors of the new-born dd.y. But, after all, the pleasure is as 
fleeting as the hues of morning, and the mind receives greater 
satisfaction in comparing the growth of the state with that of the 
oak, which, growing with its growth and strengthening with its 
strength, at last, " moored in the rifted rock," spreads abroad its 
arms in hospitable shelter, and raises its head alike careless of the 
summer's gust or the winter's storm. No one, looking at it, asks 

'"We now enjoy God and Jesus Christ, and is not that enough"?" — Win- 
throp. " I shall call that my country where I may most glorify God and enjoy 
the presence of my dearest friends." — Id. "New England was a religious 
plantation, not a plantation for trade." * * * "We all came into these 
parts of America to enjoy the liberties of the Gospel in purity and peace." 
* * * " New E-ngland was the colony of conscience." — Extracts from Puri- 
tan authorities, cited in Bancroft, i, 464 ; see further, sparsi?n, "As to Roger 
Williams." 



96 CONSTITUTIONAL LIBERTY. 

where it is, or how it got there, so long as the glorious object 
confronts the gaze. It may have been planted by a king from the 
acorns of Boscobel, or dropped by a quarry as he turned from the 
eagle's stroke. There, however, it stands ; it is enough that it is 
one of the perfect works of nature, and that, as such, men turn to 
it with pleasure and take delight in its perfection. 

So with the rise and growth of peoples ; and the only mode of 
ascertaining the true greatness and well-being of a people, is not 
by observing the circumstances of its origin, but by observing its 
growth. If a people has steadily developed according to the laws 
of nature, then it may be taken for granted, that it has been 
worthily fulfilling the purpose for which it was created. It has 
been doing good to its neighbors as well as to itself, and in ful- 
filling this double object consists the true well-being of nations. 
But if it has not developed according to natural law, then it may 
be as safely assumed, that it has not been subserving the purposes 
of its being, and that it has not achieved true greatness. And so 
sure as the individual betrays upon his person the scarred protests 
of outraged nature, so sure do states display in their condition 
the revenge of natural law violated. It is, then, from understand- 
ing distinctly that states are planted and grow by a natural law 
which cannot be evaded with impunity, that we are to start on an 
investigation which is to lead us to a true conclusion respecting 
them. That law being clearly understood, we can easily judge 
of the true character of a people, by observing whether they have 
obeyed or resisted its authority ; for, where it has freedom of 
action, compliance or non-compliance with it will indicate a 
healthy or unhealthy condition of the state. 

Thus, we see that the real greatness and well-being of a people 
is affected neither one way or the other by the motives or circum- 
stances of that people's origin, but that it depends solely and 
entirely on their conformity or nonconformity with the natural 
law of development. This law acts in the same way everywhere — 
as well among the Esquimaux as among the English, as well 
among the Patagonians as among the French. Its operation is 
affected only by influences with which the God of Law has sur- 
rounded it, as those of climate in one place, soil in another, race 
everywhere, or of all three combined. If its effects are not so 
apparent in Terra del Fuego as in Burgundy, it is because in the 



ENGLISH DEVELOPMENT. 9/ 

former region it is met and overcome by other forces which the 
plan of nature has designed should limit its action in that locality. 
If its effects are more apparent in England than in Labrador, it 
is because that same controlling power of nature has lessened 
opposition to it, and has assigned that locality as one of the thea- 
tres of its greatest activity. No one will dispute that the force 
which expands the Victoria Regia on the Senegambia is the same 
as that which covers the rocks of Greenland with lichen. It is 
the same force in both places, acting in the same way, but varying 
in results as the conditions differ under which it exerts its powers. 

Viewing this law of development, then, in its actual operation 
on the Caucasian race, and particularly on our own tribe, our 
history shows that it is slow of action ; that at times it acts spas- 
modically ; but that, taking one century with another, its advance 
is startlingly marked, and that, so far, it has always been progres- 
sive among the English-speaking societies. If we go no further 
back than strictly historical times, and see how England was peo- 
pled, and if we observe the subsequent development of the Eng- 
lish, it will be seen at a glance that the great question is not how 
they were planted, but how they have developed. What have they 
become, what have they done, and what are they doing ? Apart 
from the consideration of race, the circumstances attending their 
settlement, and the conditions under which it was accomplished, 
have nothing to do with our estimate of them as a people. 

Taking the English for an example, we see them developing 
sometimes rapidly, sometimes slowly, but still steadily developing. 
When they stand still, we observe that it is from such reason as 
the exhaustion caused by conquest or civil strife, the operation of 
bad principles in Church and State, or the destruction caused by 
pestilence or famine ; and when they progress, we conclude, what 
investigation shows us to be the case, that the conquest is over, 
the civil war ended, the bad principles are eradicated, and the 
ravages of the plagues are repaired. Sooner or later, the losses 
are made good, and the people take another step forward. But, 
under this law of development, even in its best estate, the growth 
of a great principle is at first very slow. If, for instance, we fol- 
low the course taken by the principle of Freedom of Conscience, 
we shall see, that, though it made its appearance in the history of 
England as far back as the twelfth century, it, even now, has not 



gS CONSTITUTIONAL LIBERTY, 

attained its full development. At first, those who broached it did 
not know what they were doing. Their view was bounded by the 
walls within which they were born, and their aim extended no 
farther than a reformation of the evils before their eyes. Follow- 
ing it along, and noting only the most striking features of its 
growth, we next observe that this principle had developed to a 
remarkable degree, when the Reformation, which was its first 
great result, occurred ; but that even then, though there were those 
who recognized it as a principle and a vital social force, and not 
only advocated but died for it, the mass of Englishmen were blind 
to its very existence, and that, to them, the Reformation was but 
the mere throwing off of a foreign yoke. After that event, how- 
ever, and as a consequence of it, its development is exceedingly 
rapid, and we observe that it has extended the domain of its strug- 
gle to secular affairs, and that its progress is attended by convul- 
sions which not only rent England in twain, but which ultimately 
shook 'the whole of Europe, and peopled a continent beyond the 
ocean. But we see, too, that, though by this time the church was 
standing on its defence against it, though the state was attacking 
it with all its might, and though society was stirred by it to its 
deepest depths, it was, nevertheless, but half understood. Men 
had still no broader notion of freedom of 'conscience than as it 
affected them individually, and it on its side had so little influence 
over men that it was powerless to compel them to share with their 
fellows that which they selfishly sought the solitude of deserts to 
enjoy. The people evidently had not yet taken it home to their 
hearts, and were not yet ready to assert it as a principle ; it was 
still nothing more than the meagre doctrine of religious toleration, 
and so little was it a social force, that as sect after sect raised its 
head under the encouraging help it extended to all, no sooner did 
these sects get a footing than each outvied its predecessors in in- 
tolerance. It is evident, then, that religious toleration is not yet 
become an accepted principle, and still less is that great force, of 
which it is the offspring, freedom of conscience, under which term 
is to be included also freedom of thought. But to complete our 
observation, we next behold it in an aggressive attitude, and relig- 
ious toleration not only asserts its existence, but, upon its imperi- 
ous demand, obtains recognition. Henceforth its career is that 
cf conquest. 



DEVELOPMENT IN NEW ENGLAND. 99 

The development of New England character is due, first, to the 
original vigor and expansive force of the race blood ; and, second, 1 
to the impulses that blood received from the new conditions under / 
which it has since acted. There can be no question, that to the 
civil and religious development of the race given by the great 
strifes of the seventeenth century, is due much of the expansi\-e 
force since so marvellously brought into action, and that the Puri- 
tanism which started the England of to-day on her career, started 
also the northern colonies of this country on theirs, and is actuat- 
ing the States which succeeded them at this very hour. The ear- 
lier stage of development gave the force necessary to the existence 
of the later. Its nature has already been discussed, and how the 
Puritanism of New England was one and the same with that of 
Old England, has already been disclosed. Such it was, though in 
the different countries it met with different fates. In one country 
it rushed into civil strife, and though, after apparently burning 
itself out in the flames of discord, it sank into the ashes of a cold 
and icy despotism, it yet left its spirit so indissolubly connected 
with the body politic as to forever change the character of the 
people and of the state. In the other, unopposed by obstacles, 
its career has been one of peace ; for the conflict of the colonists 
with the natives neither retarded its advance nor affected its char- 
acter. In one, its history was eventful ; in the other it was un- 
eventful. Here it had nothing to contend with but itself, as, 
progressing under the inevitable law of historical development, it 
continued to grow, and to produce from time to time new sects 
and new ideas, which, struggling for existence with those from 
which they sprung and with each other, in their turn produced 
others, and all united in hurrying it along to still further ad- 
vances. 

The early history of Puritanism in this country, therefore, is un- 
eventful, and of interest to him only who seeks history in results 
rather than in a present warfare of polemics. He who wades 
through the dreary annals .of our early Puritanical history has little 
for his pains but the husks of hard, dr}% and abstruse disputations, 
and the worm-eaten leaves of theological controversaries now un- 
readable. Mute records of a psychological condition long since 
passed away, they are impotent to excite any emotion more mov- 
ing than regret that intellectual energy so great should ever have 



lOO CONSTITUTIONAL LIBERTY. 

been wasted on subjects so insignificant, and the sole interest they 
possess is that which draws the antiquary to even the most worth- 
less palimpsest, or to hieroglyphics absolutely undecipherable. 
These piles of dust and ashes serve no longer any purpose but to 
show us how unsubstantial were the phantoms over which conflict- 
ing sects once tore each other to pieces. 

The virulence of theological strife in those days is almost in- 
credible. Still it is accounted for when we reflect, that, consti- 
tuted as society was, and cut off as it was from ordinary subjects 
of contemplation and exercise, the mind had little else upon 
which it could exert its powers than the hair-splitting distinctions 
of theology. Of politics, history-making, and philosophy there 
was little ; of tradition and romance there was nothing. The 
novelist and the poet' of later days have beheld in the quaint and 
stilted manners of those times, in the armed worshippers, and in 
the migrations of resolute enthusiasts forcing their way through 
tangled forests, the dreamy beauty half revealed through the mist 
that always rises from the distant past ; but the historic pict- 
uresqueness bestowed by marching armies, contending hosts, 
dethroned kings, scattered Parliaments and stern dictators, 
is altogether wanting. All is a dead level of polemics unre- 
lieved by art, by song, by literature, or by war. Even of arch- 
itectural monuments — the first expressions of new civilization, 
and of which there were examples for emulation, few and scat- 
tered though they were, in the solid ruins left by a mysterious 
race that preceded them — none have come down worthy of the 
name. 

Such an element as a class that creates solid and enduring liter- 
ature, is out of the question in a community hardly strong enough 
to stand alone ; and even an educated class is not to be expected. 
We are not surprised, then, at the absence of a literary class, but 
certainly there is ground for astonishment when it appears that 
the mass of this singular people was so highly educated that no 
distinction on the score of education can be drawn. There doubt- 
less was an uneducated class, but it is too insignificant to be no- 
ticed, and the remarkable phenomenon exists of society consisting 
entirely of the learned and having the wilderness for its habitation. 
After the Winthrop immigration, it may be said, that for two gen- 

' Hawthorne, Longfellow, and imaginative writers of New England. 



LEARNING, BUT NO LITERATURE. lOI 

erations there were few men in New England who were not edu- 
cated ; for, as a late Avriter remarks/ " it is probable that between 
the years 1630 and 1690, there were in New England as many 
graduates of Cambridge and Oxford as could be found in any 
population of similar size in the mother-country. At one time, 
during the first part of that period, there was in Massachusetts 
and Connecticut, a Cambridge graduate for every two hundred and 
fifty inhabitants, besides sons of Oxford not a few." Such being 
the case, the colonists were probably the most educated body of 
people ever beheld, and not the least singular element of the sin- 
gular spectacle they presented to the world, was the extremely 
flourishing condition of classical knowledge in what was in reality 
a howling wilderness. Greek, though cultivated, was less known 
than Latin, but Latin was there, as in the Old World, the language 
of the learned. Hebrew was diligently studied. Of course divin- 
ity flourished, and that was the great difficulty of the day and of 
the people — it flourished too much. The State being an oligarchy, 
of which the clergy formed the ruling class, every energy was bent 
to secure a position in that class, and there was not a matron but 
hoped to live long enough to see her favorite son " wag his pow 
in the pulpit." That pious spectacle enjoyed, earth had no great- 
er bliss, and the happy mother could die content. As the clergy 
absorbed every aspiration and every energy of the better sort, it 
is natural that the feeble attempts at literature which expressed 
the independence of a few resolute minds, should be drowned in 
the deluge of profitless and windy disputation which marked the 
sacred rage of the day. Moreover, there, as everywhere else 
where priestcraft has had its way, the clergy were averse to a lit- 
erature which did not emanate from themselves : it was they, and 
no others, who were to feed the lambs, and the bold layman who 
raised his voice was eyed askance as one who infringed upon their 
sacred rights, then, as an intruder, he was made to feel that he 
was not at home, and, lastly, as an enemy he was stifled or ex- 
pelled. The clerical odium of freedom of conscience has always 
been extremely hostile to literature, whose greatest achievements, 
since the decline of monachism, when it escaped from the mon- 
asteries into the world, have been in spite of the clergy and not 
with their concurrence. The gloomy despotism of the New Eng- 

' Tyler, " Hist. Am. Lit.," i, 98. 



102 CONSTITUTIONAL LIBERTY. 

land oligarchy did not belie this universal disposition, and the in- 
dependence of tliought essential to healthy literature, when not 
plucked up by the roots, attained, to say the most, a precarious 
existence under its dark shadow. Accordingly, we find liardly 
any thing worthy the name of literature, and, of a consequence, 
where there was no literature there could be no literary class. The 
description that may be given of the Puritanical literature of Old 
England applies with redoubled force to that of the New. It con- 
stitutes a weary, hopeless desert, in which the few stunted growths 
that raise their heads, serve only to render more dismal the dreary 
waste around them. 

But, in the steadfast search alfter results, we cannot rest con- 
tented with showing what this general love and exercise of dis- 
putation did not do. It is not enough to note that it smothered 
any rising efforts toward profane literature, or that it failed to 
yield, on the instant, good fruits. In fact, even had it not pos- 
sessed the land to the exclusion of every thing else intellectual, it 
is hardly probable that a people, few in number, widely scattered, 
and whose days were devoted to a conflict with the elements for 
mere existence, could have given the world any literature worth 
speaking of, be the other circumstances of their condition what 
they might. There is nothing in the intellectual life of man 
unworthy of observation ; nothing, indeed, that should not be the 
subject of profound study. And so with this century of disputa- 
tion. The deserts have their uses, and this apparently intellec- 
tual Avaste, on its part, effectually served great ends. If we re- 
gard, as we should, the growth of a people as a "composite fact, in 
which one of the details is but a step to something better, we 
must accept, without cavil, the conclusion, that in the plan of 
historical development, every phenomenon is a natural expression 
of design ; has, or has had, its uses ; and is, or has been, neces- 
sary to the fulness of that growth. In thus regarding the intellec- 
tual life of these colonies, the- eye is at once arrested by the 
continued and long-sustained epoch of religious disputation, and, 
as the beholder stands amazed at the marvel of a wilderness re- 
sounding with tlie accents of what would be foreign to any place 
but the Sorbonne, the Synod, or at least the schools ; as he gazes 
in bewilderment at the spectacle of men, who, carrying their lives 
in their hands, seek refreshment, after the labor of subduing 



AN ERA OF disputation: IO3 

savages and breaking the stubborn soil, in acrimonious debate on 
the doctrine of original sin, he naturally inquires, on gaining 
breath, For what good purpose can all this be ? The question 
would have been difficult to answer in those days, but with the 
results before us, the place this era of disputation filled in the 
formation of American character, is readily seen — it did for New 
England what the disputation of the schoolmen did for western 
Europe. In the days of inexorable physical toil, it served to 
render men's minds acute ; it kept alive the learning they 
brought with them, and it stimulated the love of letters in a 
people who, cast upon a rocky coast, might, otherwise, have been 
called upon to witness their intellectual life hopelessly sinking 
under the unequal contest it was compelled to wage with the hard 
and brutalizing forces of nature. It helped to conquer those 
forces, and was the only discipline which, under the peculiar 
constitution of this branch of society, the public mind could re- 
ceive. It is true, that the first thing these people did, was to 
organize a system of schools, with a college for its head ; but a 
little reflection will show us, what the recorded facts do, that, from 
the force of circumstances, many years must have elapsed before 
this system could become a self-sustaining, active, vitalizing social 
force. For a long time, in fact, those who could afford it, sent 
their sons back to England to be educated. In the meantime, 
what other fi^eld had this strange community to exercise its intel- 
lect upon ? It was a colony of religious enthusiasts ; its govern- 
ment was that of a religious oligarchy ; its State-house was the 
meeting-house ; religion was what brought them to that desert, 
and religion it was that was the very marrow of their bones. Cut 
off such a community from the world ; put it on the island of 
Juan Fernandez, and what would be the natural field of its public 
life ? The answer is to be found in what actually occurred in the 
New England colonies. The intellectual life of the public ex- 
pressed itself solely on religious subjects, the only ones it had at 
hand ; and, where no hierarchical organization exists, no liturgy, 
no ecclesiastical system, in a word, no church, but merely a band 
of rehgious enthusiasts, the intellectual life of religion universally 
expresses itself in long prayers, long sermons, and tedious dis- 
putations in the shape of debates in synod, in tracts, in essays, 



104 CONSTITUTIONAL LIBERTY. 

and in books.' So with the colonists, and, in the plan of histori- 
cal development, we must ascribe this sway of the dialecticians to 
the thirst a youthful society felt for an outward expression of 
their intellectual life, the necessity of substituting the best make- 
shift for the means of education which were wanting, and the 
desire of stimulating the love of learning. That this was the part 
performed, is shown by the fact, that as society advanced and 
the m.eans of education became abundant and of easv application, 
theological disputation faded away ; the meeting-house, as a place 
of assembly, was dropped for the school-house ; the lawyers 
pushed aside the preachers, and the conflicts of the pulpit gave 
way to those of the courts and of the debating society — an insti- 
tution, for such it is, which, having its origin in those disputatious 
days, still keeps its place with tenacity in every school-house of 
the North, and to which, far more than has been attributed to it, 
are due some of the most peculiar traits of our people. 

Were we to confine ourselves to noticing the effects of this 
wordy theology on the study of divinity and metaphysics in New 
England, we should find ample excuse for its existence in the 
known influence exerted by it in the discipline it wrought on the 
great mind of Jonathan Edwards.'' But its effects have reached 
further, and have been more broadly extended, than can be dis- 
played in the works of one man. They extend to the present 

^ The prayers were hours long. See instance of one of two hours' length, 
quoted from Sibley's " Harv. Gracl." in Tyler, i, iSg, 190. The sermons were 
longer still. Id., id. As to books, essays, etc., the fecundity was simply won- 
derful. John Cotton wrote books by the dozen. Tyler gives some of their 
names, from which I extract a few : "Of the Holiness of Church Members " ; 
" The Keys of the Kingdom of Heaven " ; "A Modest and Clear Answer to 
Mr. Ball's Discourse of Set Forms of Prayer"; "Spiritual Milk for Babes " ; 
"A Treatise of the Covenant of Grace as it is Dispensed to the Elect Seed." 
Roger Williams wrote a book, the title of which was, " The Bloody Tenet of 
Persecution for cause of Conscience," which Cotton answered with, "The 
Bloody Tenet washed and made white in the Blood of the Lamb " ; to which 
Williams rejoined, " The Bloody Tenet yet more Bloody, by Mr. Cotton's En- 
d^eavor to wash it white in the Blood ot the Lamb." This apparently silenced 
Cotton. _ Another Williams' title is, " George Fox digged out of his Burrowe " 
—disputing Quakerism. But, in fecundity, the ineffectual stars of these 
worthies pale before that of Cotton's grandson. Cotton Mather. This man 
actually wrote more than three hundred and eighty separate works (Tyler, ii, 
79). In one year, besides doing the work of his pastorate, keeping sixty fasts 
and twenty vigils, he published fourteen books. The fasts, vigils, and the 
books, all told, surpass any thing the monks can show. 

'' From a single one of Thomas Shepard's books, Jonathan Edwards, it is 
said, drew nearly a hundred citations for his celebrated " Treatise concernino- 
Religious Affections." — Tyler, i, 207. '^ 



SECULAR DEBATE. IO5 

day, and their influence is now felt by millions. The secession, 
or rather the expulsion, of Roger Williams let loose the flood- 
gates of controversy, and turned the attention of the colonists 
from mere theological questions to those which savored of the 
secular. The tide once turned, it pursued its course, and as dia- 
lectics subsided, reflections on the abstract principles of liberty, 
the fondness for discussing which is so prominent a feature of 
the Northerner, usurped their places. The science of politics is 
a practical one, and none have applied the principles of liberty 
more practically than the New Englander. But, on the other 
hand, while he acts practically, no one delights more in the ab- 
stractions of that subject than he. When the disputation of the 
pulpit died away, secular debate took its place, and, without yield- 
ing their love of abstractions, the theories of political life took the 
place of theological dogmas. Every American can recall the time, 
when, a beardless boy, he harangued his debating-society on the 
exceeding great glory of liberty, the different modes of govern- 
ment, the distinction between the several kinds of law, as, for ex- 
ample, the moral and the municipal ; and can remember, as of but 
yesterday, when he discussed, with the ease which only the assur- 
ance of youth can give, questions before which Plato and Machi- 
avel gave up the ghost in despair. The effect of such discussions 
on the youth of a republic is simply incalculable. Though it 
may be adverse to depth and thoroughness, it certainly produces 
familiarity with the subject, and a confidence which is of all im- 
portance to one who, from the mere fact that he is a voter, is, in a 
certain sense, a legislator. Without laying this national tendency 
entirely at the door of a Massachusetts conventicle, it is neverthe- 
less the fact, that this latent tendency was, as far as New England 
is concerned, warmed into life by it, and that these discussions 
can be followed back in an unbroken stream to the times when 
secular and forensic debate rose on the ruins of its progenitor, 
the theological disputation of the Puritan divines. 

Such was one of the effects of the early controversial theology 
of New England. It intensified in the breasts of one of the most 
practical people on earth a love of abstraction, and aroused a 
fondness for discussing the abstract principles of liberty, which 
might have been often tempered by them to their benefit, but 
which has never left them. 



I06 CONSTITUTIONAL LIBERTY. 

The pent-up enthusiasm and mental activity of the colonists 
had not long to wait before the sluices were opened, and the life- 
giving flood was suffered to pour over the fields. It was in the 
earliest days of the Boston settlement that there appeared a man 
about whom his fellow-colonists had much to say, and in whom 
posterity still takes the deepest interest. This interest is not mis- 
placed, and the character and the career of Roger Williams merit 
all the attention given them ; for, before Richelieu had laid the 
axe to the root of intolerance in France by making the church 
secondary to the state ; before Descartes had parted his lips with 
the utterance Cogito, ergo sum, which prepared the way for free- 
dom of thought by recognizing the importance of the individual ; 
before the Baconian philosophy had given new direction to in- 
quiry, this man had maintained that free religion and freedom of 
thought were essential elements of the body politic ; and while 
Europe was yet the battlefield where contending creeds strove 
for mastery, and while Protestantism, dead to noble impulses, was 
sunk into drivelling .disputation, and faith everywhere betrayed no 
force other than what lay in the gripe of intolerance, then it was 
that the voice of Roger Williams was heard in the wilderness cry- 
ing truths which were to be thenceforth accepted by the world as 
vital forces of social, religious, and political life. 

Freedom of conscience, until his time, had been regarded as a 
dream, or entertained only as a theory ; after his time it was a 
positive, substantial fact. His work in life seems to have been 
that of transforming this sentiment into a living force, and to him 
is due the honor of being the first who recognized it as a consti- 
tutional principle, and who actually erected a polity that had it for 
a foundation-stone. The effect of this action is incalculable ; 
but it is enough to say, that, from that moment, a new force was 
infused into American life, and that the Americans then began to 
assume the character which distinguishes them to-day. The es- 
tablishment of freedom of conscience as a constitutional element 
of the body politic effected, sooner or later, a total change in the 
character of American society. The Englishmen in America be- 
gan to cease being such, and to put on new armor that had been 
welded on the spot, and, after the lapse of two centuries and more, 
it is no exaggeration to style the man who brought this transfor- 
niation to pass, the First of the Americans. 



ROGER WILLIAMS. lO/ 

Roger Williams was probably a Welchman, who had drifted to 
London, where he attracted the attention of no less a person than 
Sir Edward Coke. There must have been something powerfully 
attractive in him to kindle the sympathy of that dry and crabbed 
lawyer, but so it was, and Coke's interest being happily of the 
practical sort, exercised itself in giving the lad an education. He 
first procured him admission to what is now known as the Charter- 
house, or Blue Coat School, and afterward had him entered at 
Pembroke College, Cambridge. The world has never been in 
haste to ascribe excessive goodness of heart to Coke, and it may 
be that to his sagacity rather than to sympathy, is due the foresight 
which detected greatness in Williams, and the kindness that fos- 
tered him : but whatever the motive, it was a good one, and to 
Coke must be assigned the credit of having given to the world 
one of its foremost men. 

After he had taken orders in the Church of England, his whole 
view of religion, and particularly, of the relations which religion 
ought to hold toward the conscience of the individual and the 
powers of the State, underwent a radical change. He could no 
longer subscribe the Articles of Faith, and, cutting loose from the 
Church, he became a Puritan, or rather, as the term meant in 
those early days, a Reformer ; and a reformer he certainly was 
in every sense of the word that is good and noble. At last, his 
safety being threatened, flight was the only thing left him, and so, 
without having time to say farewell to his benefactor, he shook 
the dust of England from off his feet, and bent his way toward 
Massachusetts. 

When he reached America he was about thirty years of age. 
His mind was active and clear, and he reasoned well ; he had 
studied hard, and was learned ; he had thought much, and was a 
man of opinions ; he had sought light, and had convictions ; he 
was ambitious, resolute, courageous, and of inflexible will ; he had 
winning manners,^ and being of an amiable, sociable disposition, 
was born to persuade men — yet the first thing he did was to set 
them against him. 

Much has been said of the short career which terminated in 

' "A man lovely in his carriage." — Edward Winslovv, " Hypocrisy Unmasked," 
65. The New England literature of the time teems with Roger Williams ; but 
for a modern view of him, and for citation of authorities, consult Dexter's " As 
to Roger Williams," though not written in a very friendly spirit. 



I08 CONSTITUTIONAL LIBERTY. 

the expulsion of Williams from the infant settlements of Massa- 
chusetts Bay, and the agitation caused by his abrupt departure 
does not seem even yet to have entirely subsided. It has not in 
itself, however, greater importance than any event has which may 
be regarded as the first step from which great results have flowed, 
and it may be dismissed after a brief consideration. 

The facts of the case are few and simple, and the affair may be 
summarily described as follows : — Roger Williams, a licensed 
member of a hierarchy, and an accepted member of an oligarchy, 
conscientiously made use of his position to preach doctrines which 
were viewed by the hierarchy as heretical, and by the oligarchy as 
seditious. For such offence he was conscientiously tried, con- 
victed, and sentenced. Before the sentence was executed, and 
while it was yet held in suspense, he contumaciously repeated the 
offence, and the indignation of the authorities being thus excited, 
he deemed it best to flee the colony ; and this he did. 

The part performed by those who sat in judgment on him is 
perfectly intelligible. The colonists had sought seclusion for the 
very purpose of enjoying their peculiar tenets unmolested, and to 
effect this purpose the corporation of which they were members 
was rendered a close one to those outside and a disciplinary body 
to those within. From circumstances and from the charter, civil 
power was lodged almost exclusively in the hands of the mem- 
bers, and from their character and disposition this power was 
allied with, and was made subservient to the ecclesiastical power. 
There being but one creed the result was an oligarchy. Those 
were the days when the union of Church and State seemed natu- 
ral, and. in this respect, if the colonists were no better they were 
not much worse than the most civilized communities of their day. 
By the standard of their times must they be judged, for it would 
be unreasonable to exact of a community that it should reflect 
greater light than what was shed upon it. If, then, the Puritans 
are to be censured, they must be so for the oligarchy which they 
erected, and for exacting and excessive exercise of a principle at 
that time universally admitted to be true ; but for the principle 
itself they cannot be held responsible, however false it may be, 
inasmuch as it was not in their power to know better. No Roger 
Williams had yet taught them better things ; for his ideas, still 
confused, half-formed, and urged with hysterical energy, had not 



lUiE PURITANICAL VIEW OF HIS CASE. IO9 

assumed the harmonious and systematic shape in which we be- 
hold them, nor were they presented as those which had been tried 
by experience ; and they lacked the self-asserting force that time 
only can give to doctrine. The admitted fact, that Williams was 
in advance of the age, blunts of itself the edge of censure, which 
must be reserved for the descendants of these Puritans, who 
maintained this principle long after Williams and his disciples 
had exposed its fallacy, and long after freedom of conscience had 
displayed its surpassing worth and set them a bright example in 
other communities. It is not strange that, wanting the power of 
vision to discern in the new light which broke so abruptly upon 
their eye the dawn of a brighter and better day than that in which 
they were groping, the colonists should behold in a rising suti 
only another of the many false lights which had already to their 
sorrow gone out in utter darkness. To us their error may be 
plain enough, but it must be admitted, that, from their standpoint, 
and it was the only one they had, they acted rationally and dis- 
played a sense of duty in promptly resisting innovations which 
threatened to unsettle their faith and to disturb the repose they 
were bound as trustees to do their utmost to maintain. To a 
people who regarded reverence for the king as a virtue second 
only to reverence for God, and to whose existence it was essential 
that the ground they stood upon should be theirs, — to such a 
people, the assertion that the appellation of " most Christian king" 
conveyed a falsehood, and the denial of their patent's validity 
implied in the proposition that the Indian title never had been 
and never could be divested by an alien, even though he were the 
King of England, were serious and shocking things which com- 
bined within them disloyalty to the crown and hostility to the 
settlement : and what could be more abominable and monstrous 
to those to whom the union of Church and State seemed natural, 
and who were themselves oligarchists, than the denial that the 
Establishment was a church, and that the civil power had nothing 
to do with executing its decrees, even if it were ? In fact, when 
we consider what the age was, and how far Williams was in 
advance of it, we have no right to be astonished at the course 
taken by the colonists in his case, nor is there ground for censur- 
ing them ; the less so, as the more conscientious they were, the 
more relentless they had to be, their principles being accepted as 



no CONSriTUTlONAL LIBERTY. 

true. In this matter of the trial of Roger Wilh'ams, the party 
really deserving censure seems rather to be the one that dis- 
played so little tact and judgment as to force food upon those 
whose stomachs were not strong enough to bear it, and to be he 
who showed so little knowledge of mankind as to attempt by 
assault the demolition of prejudices which can be dislodged only 
by gradual and persistent approach/ In the moral order of 
things, nothing, except truth itself, has such vitality as prejudice 
or is so tenacious : it appears in the same guise, it flies the same 
banner, it wears the same armor, it contends for the same ground^ 
it is nerved by the same conscientiousness, and all it lacks of be- 
ing the same thing is having the same soul. 

The trial of Roger Williams will ever retain its deep significance 
from the fact, that one of the charges against him was, that he 
maintained " that the civil Magistrates' power extends only to the 
Bodies and Goods, and outward State of men." It may be, as Cot- 
ton says, that this, though charged, was not one of the reasons for 
Williams' banishment ; but the fact that at this time, and in this 
place, the subject was a point of such variance between the parties 
as to be made by one of them a charge against the other more 
than smacking of criminality, has a significance which the reasons 
Cotton assigns for its not being a cause of expulsion only empha- 
size : " There are many known to hold both these opinions [one 
of these is that here given], ^' * '^ and yet they are tolerated 
not only to live in the Commonwealth, but also in the fellowship 
of the Churches " ; which is not a denial that such charge was 
made, but an argument that it could not have affected the ver- 
dict. 

Such being the case, several things are evident : (i) That tol- 
eration, though not accepted by the community as such, was en- 
tertained by "many" members of that community; (2) that it 
seems to have- so far made its way, that its existence in the breasts 
of individuals was "tolerated" by the Commonwealth and the 
Churches ; and (3) that it had assumed such proportions and had 
become so formidable in the eyes of the Commonwealth and 
Churches as to justify the censure and the attitude of hostility to 
it involved in so solemn an act as an indictment, or what was 
equivalent to one. 

' For a different view of this subject, see Appendix C. 



A NEW FORCE IN AMERICAN II FE. Ill 

These facts being apparent, it is manifest that this event did in- 
volve the principle of intolerance, and thereby the union of Church 
and State (for the term " Commonwealth and Churches " is but 
another vi^ay of saying " Church and State"), and that Williams' 
preaching had struck at its root. For, otherwise, wherefore the 
necessity of contradiction, which the trial itself on such a charge 
implies, or of evasion, which the denial of its being a cause of 
banishment is after it was officially stated to be such during the 
sentence ? 

It has been already laid down in another part of this work,^ as 
a rule whereby to ascertain the existence of toleration or intol- 
erance, that, where the civil potver is made subservient to the ecclesi- 
astical in the prescription of doctrine, the maintenance of discipline, or 
the extirpation of heresy, there is intolerance j where it is not so sub- 
servient, there is toleration. Judged by this rule, the Puritan oli- 
garchy, like many a better organization of its day, was intolerant. 
But the limitation of the civil power to " the outward State of 
men," so insisted upon by Williams, does not suffer that power to 
reach their inward state, or conscience, and deprives the church 
of the power to regulate faith by corporal force. This is tolera- 
tion, the first and great step to freedom of conscience. Tolera- 
tion and intolerance, then, met each other at this trial face to face. 
That toleration was resisted by the court, or evaded by others as 
interested, shows with equal conclusiveness that it was involved 
in the issue before the court ; that Williams then fought, or stood 
ready to fight, for the cause of Cotton's "many known to hold 
[this] opinion " ; and that the trial is justly, as it is generally, 
considered to be the point whence freedom of conscience in Amer- 
ica started on its career as a vital and aggressive force. 

This trial, then, is important in showing that the doctrine of 
freedom of conscience was strong and bold enough in the settle- 
ments of Massachusetts Bay, in the year 1635, to struggle for a 
foothold and assert its existence as a social force, and that it then 
had vitality enough when worsted in one locality to plant itself 
successfully in another. It has an additional value to the observer 
in this, that it affords a historical date whence the career of that 
force in this country can be pursued, and that it offers a stand- 
ard whereby its attempts and success in other communities can 
be measured. 

^ Page 62. 



112 CONSTITUTIONAL LIBERTY. 

The doctrines set forth by Williams at Plymouth and Salem 
were but rudimental. They did not assume the form of a system 
until after his departure from Massachusetts, and until he had a 
community all to himself upon which to experiment. His progress 
of thought is defaced by the contradictions, the inconsistencies, 
the impetuosity, the extravagance, and the errors to which all 
human action is incident : but he held steadily on his way, 
having been taught the bitter lesson, that, no matter how great 
the inspiration of the prophet, truth can be planted in the hearts 
of men only by patience in well-doing. Like those of other great 
thinkers, his steps at first were slow and halting ; he himself was 
restless and wayward ; but as experience lent him confidence, he 
walked more and more erect, until at last, when he felt the ground 
solid beneath his tread, he bounded eagerly forward into the newly 
discovered realms that teemed with glorious visions, and where 
truths, like Alp on Alp, rose before him. 

Roger Williams' whole being was possessed by the one great 
principle that the soul should be free, and he was wont to express 
his heart's aspiration by the term " soul-liberty." He boldly threw 
down the gauntlet to the world, by announcing that soul-liberty 
was of God, that conscience was by nature free, and that it was 
the duty of human society to preserve intact that freedom, whereof 
the least violation was invariably but the first step to soul-bondage. 
The conscience, the soul of man, being free, no limits bounded 
that freedom but those set by the Creator. Of a consequence, 
any limitation imposed on the conscience of one man by another, 
was an interference between the Creator and the created ; it was 
intolerance, a thing altogether abhorred by God and unjust to man. 
Religion being a relation that existed solely between the Creator 
and the created, God was the only judge of the latter. No relig- 
ious organization, then, had a shadow of right to dictate what one 
should think or what one should do in matters religious. As a 
necessary deduction from this conclusion, no such right existing, 
there were no need of agents to enforce the observance of faith, 
nor any right to use them. Consequently, the use of the civil 
jurisdiction by the ecclesiastical, and the subordination of the 
former to the latter, had no justification, and was, in fact, a mon- 
strous perversion of truth, which called for immediate reformation. 

Thus, at one blow, Williams would have cloven the Church and 



DIVORCE OF CHURCH AND STATE. 1 13 

State asunder, and sponged from the statute-roll the very mention 
of conformity or non-conformity. Heresy, with him, had no ex- 
istence, and, carrying his doctrine to its conclusion, he fearlessly 
asserted that compulsory worship of God was an abomination ; 
that, where the spirit was not a willing one, worship compelled 
was an offence to the Deity ; that if one would not worship, he 
should not be made to do so ; and that no man should be com- 
pelled to support any religion whatever, least of all one in which 
he had no faith/ 

This doctrine overturned the intolerance whereby the civil 
power is made the agent of the ecclesiastical in the prescription of 
faith and the extirpation of heresy, and left error at the mercy of 
the only power that can combat it — truth. It was the sentence of 
divorce between Church and State, and it ordained that neither 
should have any thing to do with the other, further than extend- 
ing the protection under which the latter is bound to shelter every 
element of society ; yet this protection was to be given, not so 
much to the institution, as to the worshipper, in whom lay the 
natural right to freedom of conscience, and, consequently, the in- 
herent right to freedom of worship. No man has ever had a 
clearer view of the true relations existing between the civil and 
ecclesiastical powers. The civil magistrate, he says, may net in- 
termeddle even to stop a church from apostacy and heresy * 
* * his power extends only to the bodies and goods and out- 
ward estate of men.^ But if the power to impose a style of wor- 
ship on the individual was denied, nothing could be more posi- 
tive, nor more catholic, than the emphasis with which he asserted 
the duty of society to protect the consciences of its members, be 
who and what they may. Jew or Gentile, Christian, Turk, or 
Pagan, all were, as the children of God, alike to this apostle of 
liberty,'' who would have men learn that one poor lesson of setting 

'Bancroft, i, chap, ix : " No one should be bound to worship, or to main- 
tain a worship against his consent." " Queries of Highest Consideration ": 
" We query where you now find one footstep, print, or pattern, in this doctrine 
of the Son of God, for a national church." Again : "A tenet that fights against 
the common principles of all civility, and the very civil being and combinations 
of men * * * by commixing * * * a spiritual and civil state together.'" 

^ Quoted from, a rare tract in Bancroft, i, chap. ix. 

^ " It is the will and command of God, that * * * a permission of the 
most Paganish, Turkish, or anti-Christian consciences and worships be granted 
to all men, in all nations and countries ; and they are only to be fought against 
with that sword which is, in soul-matters, able to conquer, to wit, the sword of 
God's Spirit, the word of God." Quoted in Tyler, i, 254. 



114 CONSTITUTIONAL LIBERTY. 

absolutely the consciences of all n^en free,* and who would hare 
lifted his fellows to that sublime height, where charity forbids per- 
secution, and where common-sense disdains it as a confession by 
error of the truth it cannot overcome.^ 

This assertion of a doctrine which placed the civil and ecclesi- 
astical jurisdictions, each on its own ground, naturally drew at- 
tention to the nature of each, and the just relations they bore one 
another. Heretofore, men had contemplated them in unison, 
but now they were called on to observe them separately, and as, 
to the mind's eye, the State now stood by itself^ a secular tone 
iienceforward characterized the discussions of the colonists. What 
the true nature of government was, contested the ground with 
questions relating, for example, to the efficacy of infant baptism, 
and the mind broadened with the new field it was called upon to 
explore. Williams himself profited by his own doctrine, to 
which he was ever faithful, and as he ascended height after height 
of the elevation whither it led him, his vision became clearer and 
more far-reaching, until at last the ever-receding horizon embraced 
results, of which, in his earlier v/ritings, the existence does not 
seem to be suspected. Doubtless, at first, his conception of his 
great doctrine was limited to its effects upon the moral and men- 
tal condition of the individual only, and then it embraced the 
religious condition of society, by a short and easily taken step. 
But his mind expanded with the glowing years, and at last he 
views its effects on the social and political condition of the State, 
and of the whole world. To us, who have been born long since 
intolerance ceased to be formidable north of the Alps and of the 
Rio Grande, and to whom the effects of this doctrine are more 
familiar in the constitution of the State than of the Church, it 
seems strange that his ever-pushing intellect should have been 
so slow in foreseeing its mightiest conquests. But such has 
been, almost always, the lot of those from whose brain great ideas 

' " The Bloody Tene.t yet more Bloody, by Mr. Cotton's Endeavor," etc. 

^ " For me, I must profess, while heaven and earth lasts, that no one tenet 
that either London, England, or the world doth harbor, is so heretical, blas- 
phemous, seditious, and dangerous to the corporal, to the spiritual, to the pres- 
ent, to the eternal good of men, as the bloody tenet * * * of persecution 
for cause of conscience." — Id. " — a monstrous paradox, that God's chiU 
dren should persecute God's children." " Narr. Club Pub.," i, 319. "Perse- 
cutors of men's bodies, seldom or never do these men's souls good." Ibid., 327- 
328. 



THE SHIP OF STATE. II5 

have sprung ; they have had to live up to them, and, though their 
force has been instantly felt, it has almost invariably taken years 
for their creators to appreciate their compass. It is not, there- 
fore, until 1652, that we have from him the evidence of a foresight 
embracing the last measure to be meted out by the doctrine of 
freedom of conscience — to be, for a glance shows us that the world 
is still far from the point his vision reached. " The removal ot 
the yoke of soul-oppression," ' he says, " as it will prove an act of 
mercy and righteousness to the enslaved nations, so it is of bind- 
ing force to engage the whole and every interest and conscience 
to preserve the common liberty and peace." ^ Thus from a free 
conscience he advanced to a state of society where peace and 
good-will should dwell among men. 

He was no dreamer, but a doer of his word. He was thorough, 
and when a principle once rose from the depths of his mind, he 
made no toy of it, but, fixing it immovably in his heart, made it 
part and parcel of his being, and straightway sought the means of 
putting it in force. Thus, he had not been long in the land, 
before the condition of the Indians having excited his benevo- 

' " The Hireling Ministry none of Christ's," 29. 

° Here may be given his admirable description of n. commonwealth, wherein 
the distinction of Church and State is observed, and the true relations they bear 
to one another are set forth. It contains, in petto, his whole doctrine, and is 
taken from his " Letter to the People of Providence," A. D., 1655. 

" There goes many a ship to sea, with many hundred souls in one ship, 
whose weal and woe is common, and is a true picture of a commonwealth or a 
human comljination or society. It hath fallen out sometimes that both Papists 
and Protestants, Jews and Turks, may be embarked in one ship ; upon which 
supposal I afhrm, that all the liberty of conscience that ever I pleaded for, 
turns upon these two hinges — that none of the Papists, Protestants, Jews, or 
Turks, be forced to come to the ship's prayers or worship, nor compelled from 
their particular prayers or worship, if they practise any. I further add, that I 
never denied that, notwithstanding this liberty, the commander of this ship 
ought to command the ship's course, yea, and also command that justice, peace, 
and sobriety be kept and practised, both among the seamen and all the pas- 
sengers. If any of the seamen refuse to perform their services, or passengers 
to pay their freight ; if any refuse to help, in person or purse, toward the com- 
mon charges or defence ; if any refuse to obey the common laws and orders of 
the ship, concerning their common peace or preservation ; if any shall mutiny 
and rise up against their commanders and officers ; if any shoulil preach or 
write that there ought to be no commanders or officers, because all are equal in 
Christ, therefore no masters, nor officers, nor laws, nor orders, nor corrections, 
nor punishments ; — I say, I never denied, but in such cases, whatever is pre- 
tended, the commander or commanders may judge, resist, compel, and punish 
such transgressors, according to their deserts and merits. This, if seriously and 
honestly minded, may, if it so please the Father of Lights, let in some light to 
such as willingly shut not their eyes," 



Il6 CONSTITUTIONAL LIBERTY. 

lence, he gave himself to a consideration of the relations in which 
they stood to the colonists, their rights, their wrongs, their perils, 
and their safeguards. The result of it was, that he came to the 
same conclusion which afterward placed William Penn among the 
benefactors of mankind :— that whatever rights civilization pos- 
sessed, ipso facto, over the unsettled and barbaric parts of the 
earth, it had no right, however nomadic or savage they might be, 
to divest the title to the soil from the aborigines. This doctrine, 
it may easily be imagined, gained' him httle credit with his neigh- 
bors, whose self-interest took alarm at what seemed to strike at 
the vitality of the patent to their lands, and the vitaUty of their 
political constitution. But the good-will he lost among those of 
his own race was compensated by that of the race to be benefited, 
and when he was flying from the intolerance of one, he was hos- 
pitably received by the other. To his dying day he never ceased 
to be grateful for the help then extended, and in his later years, 
he tenderly referred to it by saying, " The ravens fed me in the 
wilderness." Nor did he content himself with this expression of 
gratitude. He made the cause of the Indians his own ; he ad- 
vocated it in high places, and, like Eliot, betaking himself to the 
study of their language, he ministered unto them in their own 
tongue. He, on his part, had little cause to accuse them of in- 
gratitude. 

Roger Williams was the man for the times and for the place. 
A genius, with an intellect as clear as it was fervid ; with convic- 
tions so intense as to make him dare all to enforce them ; with 
those convictions broadened by great knowledge and experience, 
tempered by never-failing benevolence, and adapte_d, as the 
growth of surrounding circumstances, to the needs of the com- 
munity ; with a courage that laughed at wounds, a resolution 
which never faltered, an enthusiasm which never failed, a good- 
nature which softened the hearts of savages, and a sincerity 
which retained for him the respect of such men as Winthrop; 
with untiring energy and a robust constitution, he was, of all 
men, the man best fitted for breaking down a despotism, establish- 
ing a principle, or founding a State. He would have been great 
anywhere. He would have made a name for himself equally in 
London, as in Providence, but such a fame as he deserves, is due 
only to one who, like him, has not only planted a State, but, who 



FAITH SEEKS MARYLAND. \\J 

has forever stamped the miUions that populate the other common- 
wealths of his race, with an impress all his own. He was impul- 
sive, rugged, earnest, and thorough. Had any other sort of man 
than the one he was, ventured to do what he did, it is hardly- 
probable, that the work of his lifetime had ever been accom- 
plished. The iron despotism which chilled Massachusetts might 
be making itself felt to-day; the colony, as it increased in num- 
bers, would have gone on from bad to worse, and, instead of a 
commonwealth whose name is synonymous with all that is good, 
intelligent, charitable, and wise, we might be contemplating a 
community, the very name of which would strike our hearts with 
the chill which creeps over us at the recollection of Rochelle, 
Drogheda, Geneva, the Cevennes, and Piedmont. Worse than this : 
had America, instead of being inspired by this noble impulse, been 
indoctrinated with the absolutism, almost A^enetian, then existing, 
she might never have been blessed by the light which now illumi- 
nates her path ; and freedom of conscience and the liberty of the 
citizen, the two kindred principles which have made us what we 
are, might have shaken our dust from off their feet, or passed us 
by as unworthy of their presence. 

The doctrines of Williams, in the course of events, returned to 
the land which had borne him, and leavened there, also, the lump. 
Although Williams does not seem to have produced much effect 
on the public by his tracts and essays, there is no question that 
the advanced position taken by his friends Vane and the poet 
Milton was owing in a great measure to his personal influence 
over them while on a visit to England. The part taken by both 
these friends in behalf of freedom of conscience is too well known 
to be repeated. They not only brought the doctrine before the 
people and advocated it, but they rendered the subject a familiar 
one, and, having paved the way to its accomplishment by their 
speeches and writings, trod it themselves. 

Faith of Maryland. 

At the same time that the Brownists, or Pilgrims, and, after 
them, the Puritans, were turning their eyes toward the West in 
wistful search of a place of shelter, another body of religionists, 
from the same cause, and with the same object, were doing the 



Il8 CONSTITUTIONAL LIBERTY. 

same thing. The Roman Catholics, persecuted during four reigns, 
were also looking across the Atlantic for a haven of rest. It must 
be said to their praise that the modes by which they sought to 
effect their ends have shed upon the colony of Maryland a dis- 
tinction which increases with the augmenting appreciation of the 
principle of freedom of conscience, which everywhere marks the 
progress of modern enlightenment. 

George Calvert, a friend of Sir Robert Cecil, was a native of 
Yorkshire, and of a good family. Educated at Oxford, he was 
advanced by Cecil in public Hfe, was knighted, and became one 
of the secretaries of state ; in which position he gained reputa- 
tion with the people, and favor with the king. As a member of 
Parliament, he was thrown into the whirlpool of the rising dis- 
cussion of the times, but being a thorough adherent of stability 
in matters of religion and state, the stronger the tempest blew, the 
more tenaciously he clung to principles that were defined, and to 
institutions that were old and rooted. He was a man of great 
capacity for business, of a clear and broad intellect, with reflective 
habits, and of a warm and benevolent disposition. He was also 
a man of resolution. Aristocratic, courtly, urbane, and withal 
just ; while, in common with Roger Williams, he loved truth and 
hated iniquity, no two men could be more unlike. They sought 
their ends at opposite poles — one left the Church of England for 
Independency, or rationalism ; the other for Roman Catholicism, 
or credulity unqualified : both share the glory of giving freedom 
of conscience to America. 

Under the law, Calvert, on his conversion, had to resign his 
place, which, with its great emoluments, was cheerfully abandoned 
by one to whom the free exercise of his convictions offered greater 
wealth ; but James the First, always kind to those who supported 
the royal prerogatives, as the Catholics unhesitatingly did, retained 
him in the privy council, and, as a mark of his esteem, and as a 
reward for faithful service, created him an Irish peer, under the 
title of Lord Baltimore. For many years the attention of Balti- 
more had been directed toward America — he had been a member 
of the Virginia company, — and he had gone so far as to secure a 
patent for a portion of Newfoundland.' The poverty of the 
boil, however, and the severity of the climate had no compensation, 

^ It is narrated that he twice visited that coast. — Bancroft, i, chap. vii. 



PR^MUNIRE. 1 19 

HOW that the freedom of the fisheries was established, and he 
abandoned the hopes of a settlement in those parts, and at last 
gave up the territory itself, and turned his eyes toward Virginia. 

At that time the condition of the Roman Catholics in England 
was as burdensome as intolerance could make it. It was hardly 
possible for one of that belief to conform to the rules of his church ; 
much less to worship God in his own way. If the attempt was 
made, it was at the risk of the pains of prcsmimire. This offence 
took its name from the words of the writ preparatory to the prose- 
cution thereof,' which warned the accused to appear to answer 
the contempt charged ; which contempt was recited in the pre- 
amble. It took its original from the exorbitant power formerly 
claimed and exercised in England by the pope, and was, in the 
time of Lord Baltimore, almost altogether directed against the vio- 
lations of the statutes against Papists. When we learn what 
some of those statutes were, the condition of a Romanist in 
England, and what Calvert had to face in order to become one, 
may be easily comprehended. 

To refuse the oath of supremacy incurred the penalty oi prce- 
munire'^j to defend the jurisdiction of the pope within the realm 
was dL prczmunire for the first offence, and high treason for the 
second ^ ; to import any agniis Dei, crosses, beads, or other super- 
stitious things pretended to be hallowed by the bishop of Rome, 
or to tender the same, or to receive them without discovering the 
offender, and, if a justice of the peace, not to declare the offence 
within fourteen days to a privy counsellor, — all these things in- 
curred a prczjnunire.* Importing or selling mass-books, or other 
popish hooks, incurred the liability to a fine.^ To contribute to the 
maintenance of any popish seminary v/hatever, beyond sea, or any 
person in the same, or any Jesuit or popish priest in England, was 
made liable to the pains oi prcemimire.^ To sue to Rome for any 
license or dispensation, or to obey any process from thence, was 
to incur a praemunire.'' These are only some of the statutes en- 
acted for the abolition of a certain religion. The Romanists were 
also in jeopardy, moreover, under the statutes against heresy, and 
to effect this end, we see that one result is to create, and set apart 

'4 Blackstone's " Comm.," 103. "5 Eliz., cap. 1. ^ Ibid. 

* 13 Eliz,, cap. 2. ^3 Jac. I, cap. 5, § 25. "27 Eliz., cap. 2. 

' 24 Hen. VIII, cap. 12 ; and 25 Hen. VIII, cap. 19 and 21. 



I20 CONSTITUTIONAL LIBERTY. 

for persecution, a special class — to wit, the adherents of that re- 
ligion. Nothing more forcibly illustrates the spirit of intolerance 
than the legislation of England against the Romanists, unless it 
be the course of the Roman church itself against heretics, and 
the laws and deeds of the Puritans against everybody but them- 
selves. Under these statutes an English Roman Catholic was 
practically debarred from the enjoyment of any of the ministra- 
tions of his religion ; for he was forbidden so much as to give 
a farthing to the maintenance of the only one at whose hands he 
would receive such ministration ; he could not console himself in 
the absence of the priest with the ordinary aids to devotion, for it 
was a crime to sell him the books he required, and he could import 
none himself, and for doing what every Protestant matron who 
visits the Vatican gladly does for the humblest Catholic domestic 
— bring back a rosary blessed by the pope — any one, Protestant 
or Catholic, was liable to the pains of p7-cB7nunire. What those 
pains were, may now be seen : — " that from the conviction, the de- 
fendant shall be out of the ki7ig' s protection^ and his lands and tene- 
ments, goods ajid chattels, forfeited to the king ; and that his body 
shall remain in prison at the king' s pleasure, or (as other authori- 
ties have it) during life." ' 

If the Brownists, who were simply harried by the government, 
sought to escape, it is not surprising that the Roman Catholics, 
who were thus born to be criminals by statute, and whose heredi- 
tary reward for devotion was imprisonment, for life, or, at the 
least, proscription as a class,^ should eagerly strain their eyes in 
the direction of the West for a city of refuge. 

* Coke, I "Inst.," I2g. 

" The following letter from Sir Maurice Fortescue to the Earl of Chesterfield 
conveys an idea of the situation in which the Romanists found themselves in 
Ireland so late as the last century. [No date is given.] " The Catholics being 
thus peaceable and well-disposed, I pray you, my Lord, consider the many dis- 
abilities and misfortunes of our condition. A Catholic has every worldly advan- 
tage to gain by changing his faith. For a Catholic cannot buy land nor lease 
it for longer than 31 years, nor loan money on mortgage ; if, by his industry, 
he makes more than a third penny profit, any Protestant who may choose to 
denounce him may take his land for the trouble ;' he cannot educate his chil- 
dren save as Protestants or beyond the seas, and if he dies while they are yet of 
tender years, they may be taken from their Catholic kindred and reared among 
Protestant strangers ; he cannot become a lawyer or a soldier, nor occupy any 
public office, not so much as that of a constable, or tithe collector, nor to speak 
of a justice or member of Parliament ; if he be a tradesman, his trade is ham- 
l)ered by all kinds of quarterage ; if a gentleman, he may not carry a gun, nor 
wear a sword, nor own a horse valued above 5 guineas ; and yet he that is thus 
excluded from all management of public affairs, and from ail opportunity of 



THE .MARYLAND CHARTER. 121 

Foremost among those who sought to deliver his people from 
the bondage of this death, was Lord Baltimore, who went in per- 
son to Virginia with the purpose of effecting there the settlement 
of his followers. But Virginia was the stronghold of conformity ; 
it especially avowed the exclusion of Romanists from its territory, 
and, as an earnest expression of this avowal, it tendered Baltimore 
an oath, which no one of his faith could take, and which it was 
not expected he would subscribe. He proposed, as a compro- 
mise, a form of his own, which, happily for our country, was ob- 
stinately rejected, and he was forced to seek a soil as yet unen- 
cumbered by the stumbling-blocks of intolerance.^ This he did, 
and in gratitude for the royal favor, which gave him a charter on 
his own terms, he named it after the queen, Maryland. 

There is this difference between the New England charters and 
one such as that of Maryland — the former were given to compa- 
nies ; they were really nothing but franchises granted for the pur- 
pose of trade, through which the colonists, by their own exertions, 
acquired from time to time, such liberties as were not theirs by 
the mere fact of being British subjects. But the charters, such as 
that of Lord Baltimore, were very different affairs. In them the 
royal franchises were deliberately and solemnly parted with by 
the throne, and vested in the grantee, who thus became a Proprie- 
tary, or Lord Palatine, and who was thus constituted the guardian 
of the liberties of the colonists, as well as their governor. These 
liberties the proprietary colonists brought with them ; those, the 
company colonists had to acquire as best they could. Where, as 
was commonly the case, the grantee was a favorite of the king, 

pleading his own cause, is taxed more heavily than any other to support Church 
and State. 

"My Lord, I am sensible that many of the most galling of these laws are soft- 
ened by the good-nature of Protestants, but I would most respectfully ask your 
Lordship to consider what tremendous temptations are offered to men of indif- 
ferent virtue to profess a religion which they do not in their souls believe. And 
* * * I would beg you to reflect whether men that resist such temptation 
have not at least one merit, and should be utterly crushed and subjugated." 
— Lippincoifs Magaz., May, 1879, 5^^9- For such class-oppression, the only 
remedy is that prescribed by Defoe for the plague — to fly from it. 

This writer gives likewise the date when emigration from Ireland began. He 
attributes it to " the killing of the wool manufacture by the Act of 1699 [proba- 
bly 10 and II William III, c. 3, ed. of Article], * * * and from that lime 
began the mortal drain on our population, which takes from 3,000 to 5,000 
yearly to the West Indies or the American colonies, and these not belonging to 
the miserably poor, but to the better sort." 

^ Hazard, i, 72 ; " Notes on Virginia." 



1-22 CONSTITUTIONAL LIBERTY. 

the crown was not niggardly as to the conditions of the grant, 
and to the credit of the Proprietaries, it must be said, that they 
never failed to make the best terms possible for the future col- 
onists. None made better use of the favorable disposition of the 
crown, nor turned it to greater advantage for his people, than Lord 
Baltimore. His quick eye at once detected the opportunity of 
serving the interests of his followers, and of conferring a great 
boon upon mankind ; and his generous spirit and shrewd judg- 
ment rushed to embrace it ; for there is no doubt that he himself 
penned the charter which it was the honor of England to give, 
and the blessing of America to enjoy. 

In this charter the prince reserved absolutely nothing but the 
evidence of feudal tenure ; he gave away every thing else a free 
people deems worth having. The tenure of fealty, of itself, re- 
served the final authority to the crown ; but this charter, the first 
of the kind ever known to be given, granted to the colonists inde- 
pendent legislation, a representative government of their own cre- 
ation, exemption from taxation by any but themselves, a limitation 
that the authority of the proprietary should not extend to the 
life, freehold, or estate of the citizen, and, above all, not only 
equality in religious rights was guaranteed, but preference to any 
sect was forbidden, and protection was assured alike to all who 
believed in Christ. There was, in fact, no limitation whatever on 
the freedom of conscience, save that Christianity was made the 
law of the land ; a limitation, which, by no means implying the 
right to persecute for opinion's sake, became in effect innocuous.' 

Such were the provisions of a charter which caused a great ad- 
vance in civilization, and which relieves the dark record of the 
House of Stuart by the honor of being the first to have inscribed 
upon it, toleration in religion. This is not the only instance 
where a tyrant in one hemisphere has been a liberator in the other: 
a despot heedlessly tosses to a favorite what he holds back from 

' " I will not," was part of the oath administered to the Governor of Mary- 
land, "by myself, or any other, directly or indirectly, molest any person pro- 
fessing to believe in Jesus Christ, for or in respect of religion." 

" And whereas the enforcing of the conscience in matters of religion hath fre- 
quently fallen out to be of dangerous consequences in those commonwealths 
where it has been practised, and for the more quiet and peaceable government 
of this province, and the better to preserve mutual love and amity among the 
inhabitants, no person within this province, professing to believe in Jesus Christ, 
shall be anyways troubled, molested, or discountenanced for his or her religion, 
or in the free exercise thereof." — Charier. 



THE MARYLAND CHARTER. 1 23 

his people, and generation after generation rises up and calls him 
blessed. 

Before the charter had passed the great seal, Lord Baltimore 
died ; but his mantle fell upon worthy shoulders. The patent 
issued to his son, who earnestly took up the work left undone by 
his father. Unable to go in person to overlook the foundation of 
the colony, he sent his brother, who, with a following of over a 
hundred gentlemen and their servants, successfully accomplished 
the task ; and thus, while democracy and rationalism, in the per- 
son of Roger Williams, were preaching freedom of conscience in 
the North, aristocracy and faith, embodied in a handful of Roman 
Catholics, were laying deep its foundations in the South. The 
career of this principle in Maryland and Rhode Island, though 
not exempt from the fluctuation incident to the action of every 
great social force, proved so fortunate, as not only to vindicate 
the faith of the Americans in its truth, but to justify the assertion, 
that, without it, the dozens of prosperous States which have made 
it a corner-stone, would not be what they now are, nor American 
character be what it now is. 



CHAPTER V. 

V. — Southern Life and Manners : Manners of the Frontier. 

Manners in the Southern Provinces. 

FROM his treatment of the subject, Manners in the Southern 
Provinces, it is evident that Mr. Burke meant to give full 
effect to the haughtiness that distinguishes an aristocratic consti- 
tution of society, and especially one where there are but two 
classes, the owners and the owned. He confines his remarks, 
however, to the influence of the spirit of liberty which emanates 
from slavery itself. While he is careful not to express commenda- 
tion, he asserts very positively the fact, that such a social condi- 
tion renders fierce and stubborn the spirit of liberty that possesses 
the owners. But the subject is regarded in this work not so much 
respecting the effect which the personal relations of slave-owner 
and slave have upon the owner, as the effect which an aristocratic 
and dispersed condition of society exerts upon the upper class, 
and this, too, where the element of slavery is superadded. 

Although the manners of New England are not dwelt upon in 
his remarks, it is evident that the contrast between them and the 
manners of the South, and the further contrast afforded by the so- 
cial constitutions of these distinct localities, are present to his 
mind. These contrasts are set forth in the ensuing chapter, and 
are still further to be disclosed in that relating to Education, and 
particularly in what is therein said concerning the Township. Thus 
the manners of the North and the South are more or less described. 
But, as the Middle Provinces, at the time of the Revolution, com- 
prised the most dense population, and the locality where wealth 
was most widely distributed, it is thought that their conservatism, 

124 



TOPOGRAPHY OF VIRGINIA, 1 25 

which tempered the fierceness of colonial liberty without weaken- 
ing it, should not go unheeded ; and as Pennsylvania, from the 
force of locality and circumstance, exerted the predominating in- 
fluence in this respect, her social constitution and the manners of 
her people, have been taken as illustrations of the force which 
affected greatly the spirit of liberty on her right hand and on her 
left. 

As a direct force in rendering the spirit of liberty fierce, the 
Manners of the Frontier are also considered. 

I. The manners of the Southern Provinces differed from those 
of the Northern, as much as did the soil, climate, social life, and 
political principles and organization. The manners of Virginia 
and Maryland exerted the greatest influence on manners and upon 
the development of personal, social, and political freedom in the 
South, and may be considered as the patterns after which those of 
the other Southern colonies followed. It will be enough, then, to 
observe these. 

And, first, if the topography of Maryland and Virginia be re- 
marked, as well as the equable and temperate climate which these 
colonies enjoyed, it will not fail to strike the observer, that soil, 
climate, and distribution of land and water, are admirably adapted 
to the unrestrained action of an athletic, hardy, and active people, 
and, consequently, to the development of the social and political 
forms natural to them.' Their winters are long and severe enough 
to confine the inhabitants within doors, and thus subject them to 
those influences, which, springing from the hearth, tend to the ex- 
pansion of the domestic virtues that lie at the very foundation of 
free States and animate the character of free citizens ; while their 
summers and autumns are sufficiently warm and prolonged to 
tempt out of doors, for the rest of the year, a race which has 
always loved the open air. The land divided, in its eastern por- 
tion, by a great bay, is penetrated by the arms of this inland sea 
in every direction, and pours into it the fresh waters, which, taking 
their rise in the great Apalachian chain, and descending in falls 
and rapids over the rim which marks the boundary between 
the Piedmont or uplands and the alluvial plain or sea-board, at 
last debouche in the form of great rivers or streams, up which the 

' " The Present State of Virginia," etc., i, 2. 



126 CONSTITUTIONAL LIBERTY. 

tide forces its way for many miles. These waters and the terri- 
tory they drain, not only tempt the venturesome to bold explora- 
tion, but by their exhaustless treasures of food and of game, 
supply the whole population with healthy and delicate sustenance, 
and afford an illimitable field for the exercise of manly sports. 
The bays are ribbed with beds of delicious oysters ; the tide 
waters teem, in their seasons, with countless schools of shad and 
rockfish ^ ; the running brooks are stocked with trout ; and stream 
and river, in the late autumns and the winters, are covered with 
vast flocks of teal, of red-head, and black ducks, and the peerless 
canvas-back. On shore, the pheasant, the quail, the woodcock, 
the wild pigeon, and, chief among them, the wild turkey, abounded 
in profusion, while the forests of the uplands and the mountain 
ranges were roamed over by deer, and by the coarser animals, 
whose chase demanded every exertion that tests the endurance or 
the cunning of man. In the fields the crops were bounteous and 
reasonably certain, and when, with these natural advantages for 
comfort, and the liberation of the mind from care, the hospitable 
disposition of the race from which the inhabitants sprung is con- 
sidered, their love of field sports and adventure, and the facilities 
given to the development of these qualities by that peculiarity of 
social organization which divides the soil into large estates pro- 
ducing great incomes, it will easily be conceived, that the manners 
of the people were characterized by a love of manly, open-air 
adventure and daring, and by a free-handed hospitality which 
took its character of heartiness from the elevated class that 
peopled the land, and from the abundance which supplied its 
bounty. 

The distribution of population throughout this pleasant land 
was on a plan directly in contrast with that of New England, and 
had no parallel in America, save that which appeared on the 
banks of the Hudson, under the rule of the Dutch Patroons. 
The first immigration of Virginia, like that of New England, 
was composed of the ruder classes, but the after-immigration of 
both was of a very different sort ; and that of Maryland was, 

*" These waters are stored with incredible quantities of fish, such as sheeps- 
heads, rockfish, drums, white perch, herrings, oysters, crabs, and several other 
sorts. Sturgeon and shad are in prodigious numbers ; of the latter 5,oco have 
been caught at one single haul of the seine." — Burnaby's " Travels," 1759-60, 
15, 16 ; the Abbe Raynal, " Hist. Brit, Settlements in America," i, 195. 



DISTRIBUTION OF POPULATION. 12/ 

from the beginning, thoroughly aristocratic. As that of New 
England embraced the best of the middle classes, being men of 
substance and learning, so that of Virginia was in a great measure 
drawn from the aristocracy or squirearchy. Some of the best 
names of England were there represented, and were augmented 
during the civil wars by royalists like themselves, and on the Res- 
toration by Dissenters, generally Presbyterians, of the most re- 
spectable though not uniformly of the highest classes. These 
latter located themselves chiefly in the Western settlements, or in 
the interior valleys of Maryland, Virginia, and the Carolinas, 
while the aristocratic class remained where it was first established, 
on the sea-board. After the influence of class which controlled 
the tide-water planters, it is to this distribution of population that 
is chiefly due the peculiar manners of Maryland and Virginia. 

In New England the tendency of population was toward cities 
and towns. Peopled by the middle classes, those classes, true to 
the instincts of tribal development, acted out in America the plan 
of life to v/hich those instincts had of old subordinated them in 
England. They congregated ; and the individuality of the citizen 
became secondary to that of the community of which he was a 
member. He was but a subordinate part of the state while, in 
the South he was a pillar, without which the structure would 
tumble into ruins. There, the citizen was made for the state ; 
but here, the state was made for the citizen. Around the Massa- 
chusetts Bay, society was concentrated, and the country depended 
on the town ; around the Chesapeake Bay, on the other hand, it 
was dispersed, and the town depended on the country. In New 
England we hear of villages and towns before we hear of farms ; 
in Maryland and Virginia we hear of plantations before we hear of 
boroughs, and, in fact, throughout the South, we are familiar with 
the names of plantations long before the handful of dwellings at 
the cross-roads, or even the county capitals, are so distinguished. 
In Massachusetts the court-house followed the litigants, and was 
placed in the middle of the most populous or accessible town ; in 
Virginia it was placed in the fields, and the town gradually clus- 
tered around it. In a word, society was concentrated in the North, 
but in the South it was dispersed.' 

'"Our country being much intersected wiih navigable VA^aters, and trade 
brought generally to our doors, instead of our being obliged to go in quest of it, 



128 CONSTITUTIONAL LIBERTY. 

This difference in distribution of population was caused by 
difference in soil, class, and character, and it directed the industry 
of the people toward opposite ends. In Maryland and Virginia, 
the social structure was built upon agriculture — that universal 
support of aristocracy, — and to this pursuit every thing else gave 
way ; but in New England, the activity of the people was directed 
to commerce, and to trade, shipping, and the fisheries, all other 
occupations were subordinated. In this part of the colonies, 
society was composed entirely of what in England was the middle 
class : in that portion, no middle class worth mentioning appeared ; 
society there Avas made up of owners and owned, masters and 
slaves, and so insignificant was any class between them, that, in 
the early days, there were even no middle-men to receive and 
distribute the crop, but the planter shipped his produce to England 
from his own wharf, and dealt directly with his factor in London 
or Bristol. In New England, society v/as democratic and pro- 
gressive, and legislation acted upon the people in its entirety ; but 
in the South, society was aristocratic and conservative, and the 
laws, which recognized the division of society into two classes, 
asserted the superiority of one of those classes over the other. 
Thus was inculcated and maintained in the breast of the South- 
erner, from his earliest days, that sense of personal superiority 
which possesses those only whom the laws distinguish as a class 
for whose benefit the rest of society is born to toil. This very 
sense of superiority, so irritable upon the slightest injury, or even 
neglect, will not brook for an instant the infringement of a privi- 
lege, but will expend its whole strength to preserve a right or 
redress a wrong, and hence it is, of itself, a powerful incentive to 
render the spirit of liberty a fierce one. 

As in New England the individuals congregated, in Virginia 
and Maryland they dispersed, and isolation was as striking a 
characteristic of society in the South as association was in the 
North. The peculiar topography of the country favored the ten- 
dency to isolation quite as much as the magnitude of the estates 
did by placing the mansions far apart. The rivers were navigable, 

has probably been one Of the causes why we have no towns of any consequence. 
Williamsburgh, which, till the year 1780, was the seat of our government, never 
contained above i,8co inhabitants; and Norfolk, the most populous town we 
tver had, contained but 6,000." — "Notes on Virginia," Query xii ; " Present 
State of Virginia," etc., 2. Edenton, the capital of North Carolina, in 1729, had 
but forty houses." Burnaby's " Travels," 6. 



SOCIAL EFFECTS OF ISOLATION. 1 29 

and, in selecting the site of a plantation, it was as much the object; 
of the planter to obtain a place on such waters, as it is that of the 
Western settler to-day to be within reach of a railway. The wharf 
was even a greater necessity than the barn. Transportation by 
water was easy and cheap, and being the best there was, and by 
far the best in point of comfort, the streams naturally became the 
real highways of the lowlands. As travel and transportation, 
then, sought the avenues which were ready at hand and cost 
nothing, there was not the same necessity for a road system as 
existed in the North, and the 'cross-country roads were neglected 
both in construction and repair. Travel was thus confined chiefly 
to the rivers which permitted access to the interior, and to the Bay 
which allowed passage north and south, and intercourse was re- 
stricted mainly to the shore which bounded them. The space 
devoted to locomotion being in this way contracted, the distribu- 
tion of land and water exerted for several generations (until, at 
least, the habits of the people had become formed) a strong influ- 
ence on the distribution of population, and favored the isolation 
to which the planter found it necessary to conform. 

This isolation, relieved only by the daily duties of the estate, the 
observances of social intercourse, the sports in the open field, the 
recurring election of delegates, or the annual visit to the colonial 
capital, had a powerful influence on the modes of thought and on 
social life. It certainly tended to make the planter a reflective 
being to an extraordinary degree, and, though it narrowed the 
horizon of his experience, it preserved the simplicity of domestic 
habits, and, turning the mind back upon itself for aliment, con- 
tributed its force toward impressing that synthetical cast of 
thought and expression on the people, which their descendants 
in that part of America retain in greater or less degree to the 
present day. 

It preserved, too, the simplicity of a language, which was 
brought over in the days of its greatest purity ; when the predom- 
inance of its Gothic element made it at once forcible and pictur- 
esque, and when the admixture of the Latin element had reached 
the p(5int at which it rendered the tongue copious without enfeeb- 
ling it. This distinction — for distinction it must ever be, to speak 
one's language purely and correctly — has, for many years past, been 
undergoing obliteration before the corrupting encroachments 



I30 CONSTITUTIONAL LIBERTY. 

brought upon it by the unrestrained intercourse of modern tXiRt'?., 
by the flood of immigration, and, not least, by the late Civil War. 
But, even to-day, it still lingers, as if loath to depart from the 
hearths at which it for so long found shelter ; and in regions, like 
that of the Eastern Shore, which are yet remote from the contam- 
ination of a dialect which has sacrificed purity to copiousness, 
and rustic force to fluency, one's ear is even now occasionally re- 
freshed by household words and forms of expression, which mark, 
at once, the unalloyed descent of the speaker from those who used 
llie tongue in its purity, and the isolation of the generations who 
handed it down to him. Indeed, at the time when the fraternal 
strife of the Parliamentary wars was turning its honey into gall, 
and the cant of the Puritans was changing its wine to vinegar; 
when, still later, the vices of the Restoration and the dilettanteism 
of Queen Anne's reign were either polluting its being or sapping 
its strength, during all that time our language was being spoken 
in its by-gone purity and comeliness around the hearths of Mary- 
land and Virginia. 

It was exposed to three extraneous influences — the dialgct of 
the negroes, the language of the Indians, and the debilitation of 
the tongue which became apparent in the reigns of the last 
Stuart and the two succeeding monarchs. Of these, the first, 
happily, affected the accent only, but did not reach the body of 
the language ; the second proved actually beneficial, by relieving 
the nomenclature, servilely imitative of that of England, with the 
beauty of the Indian names, which added a charm to the tongue 
without assimilating with it ; and the third, never extending to 
customary discourse, had only the exceedingly scanty literature of 
the colonies to affect, and that it vitiated but slightly. Thus the 
language, if not invigorated, was, at least, not impaired. Down 
to the reign of Queen Anne, Virginia was preserved from the 
influences that corrupted the language in England, at first by the 
remoteness of situation and by her indisposition to cross the ocean 
only to land on a field of civil strife ; and later by the inability of 
the incomplete fortunes of the planters to meet the heavy expenses 
which a journey to Europe at that time imposed upon tourists of 
their social position. When, however, the magnitude of their 
incomes represented that of their estates, and coincided, as it did 
at the beginning of that reign, with the established tranquillity of 



FURTHER EFFECTS OF ISOLATION. I31 

the kingdom, the situation changed. Then the colonist could 
afford to gratify his desire to see the world, to renew the ties 
which, though weakened by lapse of time, still bound him to his 
English kin, and to refresh his own civilization by contact with 
the old. The custom arose among the rich, of sending their sons 
abroad for a university education, to study a profession, or to 
make the grand tour ; and then, and, especially, afterward it was, 
that it became the mode, de rzgiieur, for the young Virginians to 
ruffle at Tunbridge Wells, to have a glimpse of the great Doctor 
Johnson as their fathers had had of the great Mr. Pope, to dance 
a minuet at Holland House, to visit the play and see Macklin or 
Garrick, and to lose a few hundreds at White's or the Cocoa, 
before settling down to marriage and the staid and homely duties 
of Virginia squires. These were they, who, to dissipate the dul- 
ness of plantation life, brought back boxes filled with the litera- 
ture of the day, or even went so far as to try their own hands at 
an occasional epigram. But, as their efforts generally ended 
there, or expressed themselves only on some political or other 
practical question, which scouted at stilts and exacted common- 
sense and homely language, no great harm was done ; and the 
dilettanteism or foppery, which spread itself, like a mist, around 
the shores of Chesapeake Bay, was thus restricted to the few sub- 
jects which presented themselves for its display, and, at last, 
cleared away before the breezy vigor which the stirring times of 
the Stamp Act again freshened into life. It did not corrupt the 
tongue.' 

This isolation, or, rather, the interruption of it, produced still 
another effect on the Southerner, which was enhanced by the pres- 
ervation of the language in its purity. When the placidity of ru- 
ral life was disturbed by the exigencies of politics, as the county 
election of delegates, for example, the work in hand was not un- 
dertaken heedlessly or without due consideration. Whether the 
question underlying the election was some impending encroach- 
ment of the crown (the only quarter from which attack Avas to be 
feared), an affair of colonial administration, the rectification of 
an Indian frontier, or something affecting the planter's pocket, it 
had been, long -before the eventful day which settled it, thorough- 

* The absence of printing facilities — for there was but one printing-house in 
Virginia — proved, in this respect, a godsend. 



132 CONSTITUTIONAL LIBERTY. 

ly, not to say solemnly, discussed. Where the ground was first 
broken was at the dinner-table. As the importance of the meas- 
ure loomed up and filled the heavens, the gentlemen of the county, 
one after another, bade their neighbors to a feast, and, on the with- 
drawal of the ladies, and with the advent of pipes^ and a fresh sup- 
ply of port or claret, the question was there broached, and the 
pros and cons were discussed with an ardor characteristic of 
the disputants, and with an earnestness which betokened their 
responsibility as law-makers. Before the party broke up, it was 
generally understood Avho should represent them as candidates at 
the ensuing election, and the guests went home to turn the whole 
thing over in their minds when unclouded by wine and unbiassed 
by the accents of allies or opponents. 

When the day for the county or parish meeting arrived," the 
planter issued forth to help along the plan previously agreed upon 
with his neighbors. As we have seen, he went not blindly nor 
unprepared : discussion had made him familiar with the features 
of the measure, and observation had enabled him to take its bear- 
ings. On reaching the appointed place, he found himself one of 
an assemblage, of which each member was on an equality with the 
rest, and where every one was free to speak his mind on what 
concerned all. If he vv'ere prompted to address the meeting, he 
did so with a fearlessness which sprung from his familia-rity with 
his subject and his hearers, and he betrayed none of the hesitancy 
of a stranger to either. He presented his views with the zeal of a 
propagandist, and with a positiveness enforced by the earnestness 
of his straightforward nature and his simple habits of life ; and, 
as the question on the carpet was always one which touched his 
principles, his position, or his pocket, he treated it in the most 
business-like manner, and always spoke directly to the point. 
Government, with him, was a practical and homely art, and he ap- 
plied it in a practical and homely way. His sense of equality with 

^ Cigars were not in use until the very close of the last century — in Philadel- 
phia, not until after 179S. — \ Wats. An. 98, n. 

''■ " The State, by another division, is formed into parishes, many of which are 
commensurate with the counties ; but sometimes a county comprehends more 
than one parish, and sometimes a parish more than one county. This division 
had relation to the religion of the State. * * * -yVe have no townships." — 
" Notes on Virginia," Query xii. " — the house of delegates [is] composed of 
two members from each county, chosen annually by the citizens possessing an 
estate for life in 100 acres of uninhabited land, or twenty-five acres with a house 
on it, or in a house or lot in some town," — Id., Query xiii. 



SOUTHERN INDIVIDUALITY. 1 33 

those of his own class and the community of interest he had with 
them, intensified as they were by his sense of superiority to the 
only other portion of the society in which he lived, emboldened 
him to every accent of persuasion possible, and tempted him to 
discussion and party action that were characterized by perfect 
freedom. From such sources flowed that readiness in oratory, 
that fondness for debate, that familiarity with the principles of 
government, that aptness for administration, and that sense of 
political responsibility, which have always characterized these 
people. 

On the day of election, the voters that were not actually bed- 
ridden turned out to a man ; and when the votes had been duly 
cast, and the clerks had righteously counted them and declared 
officially the result, then ensued a scene of joviality which made 
the country-side ring. The newly elected members were chaired, 
and the victorious party celebrated its triumph, while the defeated 
drowned its sorrow, in brimming bowls of rum and arrack punch. 

A form of society in which there was no political centralization 
worthy of the name, and where the only centralization that ex- 
isted was domestic, and had the lord of the fields for its object, 
naturally heightened the self-esteem of the planter, as his mem- 
bership of a privileged class also increased his self-respect ; and 
a life broken in upon only by the duties of citizenship, or the 
claims of neighborly intercourse, left him who led it pretty much 
the absolute master of his own actions. Such a life, therefore, 
tended to great individuality of character and freedom of action, 
tw:o things highly conducive to the growth of a free spirit, while 
its quality of isolation, by inducing reflective habits of thought, 
gave to the Southern temperament a meditative cast, which found 
its contrast in the more active and acute mind of the North. In 
the Southern colonies, as has been said, society was dispersed, 
while, on the contrary, the life of the individual was exceedingly 
concentrated ; but in the Northern colonies society was concen- 
trated while individuality was dispersed, or, rather, merged and 
diffused in the body politic. This individuality, so markedly a 
Southern characteristic, manifested itself in various ways, but in 
none more conspicuously than in the boldness with which the 
measures of government were met and criticized, and in the fer- 



134 CONSTITUTIONAL LIBERTY. 

tility of resources which the people displayed in matters of gov- 
ernment. As class is one of the offsprings of individuality 
among free people, it may be said that this latter aided the natural 
superiority of race in limiting the law-making power to the mi- 
nority, and in the restriction of its action to the almost exclusive 
benefit of this class.' 

It is natural that a people living apart from each other, and de- 
pendent almost entirely for society on their own families, should 
make much of their homes. Accordingly in Maryland and Vir- 
ginia, we find, universally, not only a strong and fond attachment, 
for the fireside, but a development of domestic life to which the 
history of the race affords few parallels. If the individual at the 
North was absorbed in the general mass of society, in the South 
whatever individuality departed from him was lost in the family. 
This, not the person, was the unit of society. Each family, with 
its dependents, was a distinct social organization of which the 
great house was the centre. To this abode, as the capital of the 
little province, all roads led, and from it all life went forth. What 
was done in the field was done for the house, and the head of 
it was a patriarch for whom the crops grew, the herds browsed, 
and the bondsmen toiled. The family it was, on which was built 
the whole social structure of the State. As the agricultural char- 
acter of society compelled its existence ; as the pride of class 
stimulated its creation ; and as the highest enjoyment of life 
was to be found only within its precincts, interest, pride, and 
the pursuit of happiness all combined to establish it, to maintain 
it, and to enlarge its importance. Hence, marriages were early 
and prolific, and if there was any one feeling stronger than the 

^ " The public or poliiical character of the Virginians corresponds with their 
private one ; they are haughty and jealous of their liberties, impatient of restraint, 
and can scarcely bear the thought of being controlled by any superior power. 
Many of them consider the colonies as independent states, not connected with 
Great Britain otherwise than having the same common king, and being bound 
to her with natural affection. * * * In matters of commerce they are ignorant 
of the necessary principles that must prevail between a colony and the mother- 
country ; they think it a hardship not to have an unlimited trade to every jiart 
of the world. They consider the duties upon their staple only as injurious to 
themselves, and it is utterly impossible to persuade them that they affect the 
consumer also. Upon the whole, however, lo do them justice, the same spirit 
of generosity prevails here which does in their private character ; they never 
refuse any necessaiy supplies for the support of government when called upon, 
and are a generous and loyal people." I3urnaby's " Travels," 1759-60, 34, 35. 



THE PLANTER. 1 35 

ambition to found a familyj it was the desire, on the part of 
those who formed one, to perpetuate what already existed. The 
ties of blood were very strong, and reached to a point so much 
further than what was ever before attained, that the term " Vir- 
ginia cousin '" includes that extremely remote kinship which, 
among other people, is scarcely ever recognized. Domesticity 
was thus the most positive fact of this patriarchal existence, and 
to its advancement and preservation every energy was bent. The 
household gods were never held in greater reverence than on 
the banks of the Patapsco and the James. 

The magnitude of the estates and of the incomes derived from 
them, the absence of any preponderating middle class, the fact 
that the labor was actually owned by the planter, that the making 
of the laws was in his own hands, and that these laws were made 
for his benefit, the lofty sense of social position, the pride of race 
and of class, — all these combined in making him content to live on 
his own ground, and in giving him the position of an autocrat 
among his own people. Hence that haughtiness and self-esteem 
in the land and slave-owner, which, as it has been remarked, was 
easily irritated and which chafed at restraint. His vices were few 
and rare, and, except the excesses of the table, in which, however, 
he did not begin to equal his cousin of Yorkshire, his habits were 
marked by simplicity aud dignity.* He was remarkably free from 
avarice, and delighted in the possession of money, not for itself, 
but for what it would bring : yet, though lavish in hospitality and 
family state, he had a cautious eye to the future, and a prudence 
which led him to seize every advantage of the present. Land was 
the one standard of wealth and influence, and as the expansion of 
his estate increased his weight in society, he was ever seeking to 
enlarge it, and thus was often led to fall into the prevailing vice of 
the day, greed of land, and to become the victim of what was in 
those times called "land hunger."^ When this species of famine 
had once taken hold of him, he seemed incapable of throwing it 
off. He frequently kept himself poor, and would even go so far 
as to impoverish himself in the attempt to extend his estate ; and 

^" I will do justice to tliis country. I have observed here less swearing and 
prophaneness, less drunkenness and debauchery, less uncharitable feuds and ani- 
mosities, and less knavery and villianys, than in any part of the world where 
my lot has been." — Spotswood's " Letter to the Bishop of London." 

^Davenant, "On Plantn. Trade," Pol. and Com. Worl-:^, ii, 27, 28. 



136 CONSTITUTIONAL LIBERTY. 

he was often loaded down with vast tracts of wild lands purchased 
from the crown, which rivalled dukedoms in extent, but which 
were as barrren of income as they were of crops. Sometimes the 
taxes on these expanses of rock and forest ate up his substance 
long before the wilderness, of which they were a part, was suffi- 
ciently rid of savages to command a market, and his descendants, 
in the bitterness of their poverty, had reason to curse the impru- 
dent accumulation of acres, which, never having even reached their 
hands, bore no other evidence of his foresight than the repetition 
of his name on the surveyors' maps. Generally, his land specula- 
tions were founded on the assumption, that before the debt, which 
was contracted in the purchase, was due, it could be paid from the 
rise in value consequent upon the increased demand of an inflow- 
ing population, and yet leave him a handsome surplus. The fail- 
ure of such schemes beggared hundreds, but where sufficient 
money was in hand, the home or tide-water plantation free from 
debt, and the income certain, the wild lands were held without 
risk, and these purchases accomplishing their object, posterity in 
time found its hands strengthened by the bounty which flowed 
in from the ancestor's foresight. The chief object of the planter's 
life seemed to be attained when he was able to give a plantation 
to each child, with prospective estates for the grandchildren, yet 
to be carved out of the western wilderness when their time came. 
In the halcyon days of these colonies, before the fields were 
run down, and when the tobacco crop was still certain and valua- 
ble, the style of domestic life along the sea-board was very great. 
The planters were given to field sports, and every county had its 
meet of fox-hunters, who, with the belles of the neighborhood, 
swept over the fields in a way which in these days would do honor 
to Melton Mowbray. Kennels were as much a part of the planta- 
tion's equipment as the stables, and a knowledge of dog-breaking 
was as necessary a branch of domestic learning as that of horse- 
training. In the spring and early summer the rods were out, and 
much sport was had in taking the rockfish or striped bass. The 
low-lying thickets of bushes and brush afforded woodcock in sum- 
mer, and autumn, of course, called into exercise every kind and 
shade of field and upland shooting. But in duck-shooting none 
equalled the dweller on the banks of the Chesapeake waters, and 
he braved the early days of winter with a zest the elements could 



SOUTHERN HOME LIFE. 1 37 

not chill, and displayed skill and quickness which would have mor- 
tified with envy the soul of a Lincolnshire fen-hunter. The Vir- 
ginian was half his time on horseback, and, to gratify his passion 
for equitation, he imported blooded stock and improved the breed 
of horses.^ If he went to overlook his laborers in the field, he 
rode ; if he visited a neighbor, he rode ; and, if he had nothing 
else to do, he mounted his horse, and, often accompanied by his 
daughters, cantered along the banks of the river, or through the 
quiet woods. Nothing was more common than riding partiec ; 
they broke the monotony of house life, and when there were 
guests, saddle-horses always stood ready before the door. 

The circumstances of the planter's condition led, too, to a free- 
dom of manners, which, however, was any thing but adverse to the 
development of the domestic virtues that shone so brightly among 
them. Nowhere has the world seen greater freedom of inter- 
course between the sexes, and nowhere greater purity of morals. 
To such an extent was this association carried, that the women 
shared, as far as possible, the open-air life of the men, riding with 
them over the country, following the hounds, and braving together 
the roughness of the rivers and the bay. Nor did this sympathy 
stop with the pursuit of pleasure ; for, during the illness or ab- 
sence of their lords, they looked after the affairs of the estate, 
and saw for themselves that every thing went on as it should do. 
Notable housewives, these helpmeets were famed as the very 
divinities of good housekeeping, and the cuisine, which, at this 
hour, makes that portion of the country synonymous with good 
living, had its origin in their taste and in their kitchens. Their 
whole aim in life was to make themselves and home pleasing, and 
the undiminished fame of matron and maid proclaim to this genera- 
tion the success they attained. 

In return for this sympathy in matters of interest and pleasure, 
the men yielded an affection and respect to the women, which, 
without exaggeration of sentimentality, may be characterized as 
something which in those days might have been sought for in 
vain as a prevailing characteristic of the corresponding class of 
English and French society. The vicious tone which followed the 
Restoration was utterly lost on the pure relations that existed be- 
tween the men and women of the colonies. 

' Jones, " Present State of Virginia," 44. 



138 CONSTITUTIONAL LIBERTY. 

Much of this free association of the sexes was undoubtedly com- 
pelled by the want of society which the .isolation and loneliness of 
their lives occasioned, but, whatever the cause, it existed, and ex- 
isted in a purity to which their descendants can recur with proud 
satisfaction. Nor will it be denied, that the liberty of a freedom- 
loving race derives great ardor from the flame that lights a pure 
and spotless hearth. 

To this isolation of their estates, and to their own isolation on 
their estates — for so great was the gulf fixed between the planter 
and his slaves, that the family was entirely dependent on itself for 
society — to this isolation was due, in a great measure, the free 
hospitality which has come down to us as a golden legend. For, 
when the monotony and irksomeness of the daily life on a planta- 
tion was once broken in upon by an arrival from the world out- 
side, the contrast which at once presented itself to the dulness of 
the ordinary routine was amazing. Nothing was too costly or too 
good to compensate fortune for that greatest of blessings among 
a dispersed society — the companionship of friends. The planter 
delayed not in showing his appreciation of the godsend thus 
vouchsafed. As the heavy coaches and six lumbered up to the 
door amid the barking of dogs, the cracking of whips, and the de- 
light of the negroes, the lord of the manor stood ready to receive 
them with open arras, supported by his wife and family, and sur- 
rounded by an army of servants. The whole crowd of idlers, 
which seems to have been a necessary pest on every plantation, 
was at once in motion. As the postilions flung themselves to the 
ground, grooms sprang from the earth to care for the equipages 
and horses, and the dignified but hearty welcome was witnessed 
by awe-struck groups of negroes, whose heads protruded from 
around the corners of the great house. A dozen hands contested 
the honor of helping the ladies to unmantle, and when these had 
retired to their rooms, and their escorts had rejoined their host, 
the loving cup, in the shape of mint juleps in summer, and, in 
winter, punch or egg nog, speedily went round among the gentle- 
men. The kitchen fires blazed like beacons, and, from cooks to 
scullions, all, in this part of the mansion, strained every nerve to 
outdo their past triumphs of the table.' The oyster beds had 

' " The gentry pretend to have their victuals drest and served up as nicely as 
die best tables in London." — Beverly, " Hist, of Va." 



SOUTHERN HOSPITALITY, 1 39 

been raked, the seine hauled, the fields and woods scoured for 
game. Riding, fishing, strolling, reading aloud the last batch of 
Spectators or Gentleman s Magazines, and dozing, was the order of 
the day, and, after the grand dinner, the card party, and the min- 
uet, or Virginia reel, the whole household, guests, family, and ser- 
vants, gathered together in the library to close the evening with a 
service read by the master of the house from the Book of Com- 
mon Prayer. Happy was the host who saw his stables filled with 
his neighbors' horses, his coach-house crowded with their carriages, 
and his fields torn up by the cobs of the merry hunters ; nor did 
he hesitate when he and his had to turn out of their quarters to 
make room for the crowd of friends and kin. The departure was 
even more impressive than the arrival, for, grudging every instant 
of his friends' society, loath to say good-by, and anxious to post- 
pone the moment when his hospitable attentions must terminate, 
the head of the house mounted his horse, and, attended by his 
sons, escorted the cavalcade and train of coaches, until the next 
cross-roads, by separating the party, broke it up. Then they 
pulled bridle, and, when the last farewells were said, rode quietly 
back home, and the plantation subsided into its wonted monot- 
ony. 

Nor was this freehandedness lacking in refinement. At the time 
when the squirearchy of England was marring its hospitality with 
the coarseness of mere profusion, and with a more obnoxious 
coarseness of speech, and was finding its highest pleasure in 
drenching its neighbors with seas of brown October, the squire- 
archy of the South was gracing its social intercourse with manners 
acquired in the most polite circles of Europe, and was setting 
before its guests wines, which were taken with the same gusto they 
would have commanded had they been sipped among the vine- 
yards of the Garonne. 

As winter is the season of repose for the agriculturist, so was it 
v/ith the planter. The crops sent to market, and the shooting 
season over for the year, there was nothing to pin him down to 
the plantation, while, on the other hand, there was the annually 
recurring desire of change of scene to induce him to leave home 
for a time. The natural object of this erratic inclination was the 
capital of his province. Then it was that Annapolis and Williams- 
burg appeared in all their glory. The family sloop conveyed the 



140 CONSTITUTIONAL LIBERTY. 

household to its destination, or the family coach, with the arms of 
the house emblazoned on its panels, and with its negro postillions 
and six, toiled through the mire, loaded down with the wife and 
daughters, while the august head followed after in a gig, or, on 
horseback, accompanied by his sons and servants, rode by the 
side of the coach conversing with the ladies,^ or scoured ahead 
to order refreshments on the arrival of the carriage at the inns, or 
lingered in the rear to urge on the baggage. Once at the capital, 
no lord at Bath could have assumed grander state, and cards, 
routs, balls, dinners, and suppers were the order of the day and 
night. The House of Delegates in the morning, the ordinary 
at noon for punch and politics, a grand dinner in the evening, and 
a ball at the government house, or an assembly, as it was called, 
at night, — such was the daily round. The society was unexcep- 
tionable, the manners were courtly, and the habits, though much 
wine was drunk, immeasurably better than those of the same class 
in the British isles or on the continent. With the adjournment of 
the Legislature, or even before, but not until the fashions of the 
year had arrived out from London, the family returned to the 
plantation in the same style in which they had left it, and, tired 
with gayety, settled contentedly down to what it deemed its real 
life, that is to say, life on the plantation. 

As a boy, the Virginian or Marylander, when not in the school- 
room with his tutor, roamed the fields with his gun, attended by 
his negro, who was at once his servant and companion, or spurred 
his horse through the lonely woods. As a youth he went to Eng- 
land for his university education,^ and when, after this had been 
completed, and it had been polished with all the accomplishments 
he could pick up during a season of London society, or by the 
grand tour, he returned to the barbarism of America, it was to a 
great wide-spreading house, ^ built, probably, in the days of his 
grandfather, of bricks brought from England, and which, posted 
on an eminence commanding a charming view, and with lawns 
stretching down to the water, was embosomed in trees, was stocked 
with books, family pictures, and old plate, and was flanked by 

" Randall's "Life of Jefferson," i, chap. i. 
^ Jones, " Present State of Va." 
^ Beverly, " Hist, of Va." 



DIRECTNESS OF SOUTHERN TRADE. 14I 

rows of negro quarters where dwelt a multitude to wait on him of 
those whom he could call his own. He raised his crops, bought 
land — he never sold any unless compelled, — bred stock, chased 
foxes, hunted game, fished the rivers, entertained his neighbors, 
talked politics, cared kindly for his servants, was attached to his 
church,' loved his wife and children, and when all this was over, 
his bones were laid away to rest in the soil he had been so fond 
of, and in sight of the home that had sheltered him. 

After all, this life was a simple one, and was invested with the 
dignity which always accompanies simplicity. Its constitution 
was patriarchal, and the manners that expressed it were as simple 
and unaffected as itself. The very element of trade that was in 
it, insignificant as it Was, was characterized by a directness which 
is refreshing to look back upon. Every tide-water plantation 
had a wharf at which there touched, once a year, a vessel from 
London or Bristol, owned in part or wholly by the planter, and 
which, having made the outward-bound voyage by way of the 
West Indies, at last landed his supplies for the year before the 
door. On its arrival, the negroes would empty the storehouse of 
its contents, and rolling the hogsheads down to the ship, would 
put them on board. Its freight taken, the vessel would then set 
sail ; often with the planter himself or some of his family, as pas- 
sengers, going out to visit their English relations or to travel on 
the continent. When it reached its destination, the factor, or con- 
signee, would sell the cargo, and remit the proceeds, less the 
amount required for the next year's supplies, which were sent 
back by the vessel on her return. This purchase of supplies was 
rendered necessary by the fact of their being no manufactures in 
the Southern colonies, the most common utensils having to be 
bought in England.^ 

Such was the extent to which commerce was carried on the 
plantations, or, such at least it was in the palmy days of to- 
bacco culture ; for, as that declined, and the exaction^ of the 
Acts of Trade increased, so declined the fortunes of the planter, 
until the English factor, by advancing money to supply the recur- 
ring deficits, stood in the position of creditor, and thus the ser- 
vant became greater than the master. At the time of the Revo- 

' "Virginia maybe justly esteemed the happy retreat of true Britons and 
true Churchmen." — Jones, " Present State of Va.," 48. 

° Beverly, iv, 58 j Abbe Raynal, " Hist, Brit. Settlements," etc., i, 198. 



142 CONSTITUTIONAL LIBERTY. 

iution, the indebtedness of the planters to the London and Bris- 
tol merchants had become burdensome, and being attributed, as 
in part it was, to the onerous taxation imposed by the Navigation 
Act and the Acts of Trade, it incited the disposition of these col- 
onists toward independence.' 

The colonial squirearchy of the South was evidently similar to 
that from which it sprung, and illustrates what has already been 
said^ concerning the spirit of English colonization. The branch 
cut from the stock in England, and planted in America, grew right 
on perfectly independent of the parent, and developed the same 
form, modified only by difference of conditions, simply be- 
cause, under the exercise of free action, the same principles were 
brought into play in Virginia as in England, and expressed them- 
selves in the same way. 

The squirearchy of the south had, for example and support, 
that of England in its brightest days. It was the squires who 
constituted the bone and sinew of England, from the time of the 
Restoration down to that period, when, weakened by the brilliant 
but undermining policy of Chatham, they succumbed to the ag- 
grandizement of the lords on the one hand and the encroachments 
of the commercial classes on the other. During all this time they 
supplied the administration of the kingdom with conservatism, 
and its armies and navies with men and money. Their influence 
in Parliament, during this period, was paramount, and, as in Par- 
liament, so in the Cabinet. The English squire was rough, 
homely, attached to Church and State, was fond of field sports, 
and was the very incarnation of conservatism. He was tenacious 
of custom, slow to move, and was absolutely immovable when a 
personal right was at stake, and his love of country was of a 
healthy, stubborn sort. He stood between the aristocracy and the 
yeomanry, with qualities and habits derived from each ; but, with 
two classes, or, rather, divisions of society above him, he centred 
in himself all the political forces which could be expressed by the 
term " commons," save what the rapidly growing commercial 
classes kept constantly taking from him more and more. He be- 
came a great man under Walpole and Marlborough, and held his 
own until the lords and merchants, through the tongue of the 

' "Hist. Brit. Settlements," etc., id., id. ^ Page 49. 



THE COLONIAL SQUIREARCHY. I43 

first Pitt, sounded the hour of his decay ; then he gradually- 
declined, and went out in glory at Waterloo. He was no longer 
needed. An era which had no use for him had dawned on En^r- 
land ; an era which saw his acres swallowed up in the already 
overgrown estate of his neighbor and kinsman, the lord, and which 
turned the old hall into a tenant house. From before the insatia- 
ble baron, on the one hand, and the hostile genius of Thread- 
needle street on the other, his estate disappeared ; and, with the 
disappearance of his manor, he, too, vanished. 

It was from the ranks of the squirearchy that the sea-board 
planters of Maryland and Virginia were chiefly recruited, and it 
was from the English squire that they inherited their principles 
and instincts. But in America there was much to modify and 
elevate the characteristics which in England maintained their 
footing with rustic obstinacy. Here the planter had no class 
whatever above him. Lords, there were none ; and as for king, 
he was too remote to be any thing but a sentiment. There were 
no commercial classes worth mentioning ; and as for the laboring 
classes, they were his slaves, he carried them in his pocket. He 
was, in fact, sole lord of these realms, and his position was, in 
reality, the most exclusively aristocratic of any this side of the 
religious aristocracy of India, on which he looked with the con- 
tempt of a conqueror, or of Japan, of which he knew nothing. 
Socially, on his own plantation, he was an autocrat. This mo- 
nopoly of political power, combined with the exclusive occupancy 
of the social heights, profoundly modified his relations to society, 
and gave him an aristocratic cast his cousin of England did not 
possess. The latter was only partly aristocratic ; his head was 
indeed of brass, but his feet were of clay. Not so the Virginian. 
The whole constitution of the society in which he lived tended 
more and more toward an aristocracy pure and simple, and the 
man was wholly an aristocrat. With him class instinct had only 
to concern itself with keeping his class inviolate, while with the 
Englishman, it looked toward the enlargement of the commons' 
rights, and, under the influence of trade, the agi:;randizement of the 
nation. It modified, too, the Southerner's personal characteristics, 
and rendered haughty him, who, in England, would have been 
simply exclusive. Moreover, one lived in isolation, the other in 
society ; so that while the Englishman had ever before him the 



144 CONSTITUTIONAL LIBERTY. 

repressing presence of his superiors, the Virginian was account- 
able to no one for his actions, and his conduct was uninfluenced 
by any but his equals. As tenacious of his rights as the Eng- 
lishman, and as obstinate in maintaining them, his sense of free- 
dom from restraint made him more sociable and accessible, his 
manners were more cultivated, and travel being a part of his ed- 
ucation in the days when the young squires never went abroad, 
he was thus earlier open to foreign influences than one living in 
the heart of England, and more expansive than he whose vision 
was bounded by the waves which begirt his island.' Thus, equally 
attached to freedom, he was broader in his views of it, and more 
haughty in its assertion, and, being quick to take offence, he was 
more alert in guarding it, and more ready in its defence. With 
him the spirit of liberty naturally became fierce. 

Such was the colonial squirearchy, such the constitution of 
society on the sea-board of Maryland and Virginia, and such the 
manners that affected the growth of liberty in that part of our 
country. The piedmont, or that portion lying between the low- 
lands and the Blue Ridge, was gradually overspread by this class, 
though in this region it received an infusion of population not so 
intensely aristocratic. On the downfall of the Commonwealth, 
and upon the Restoration, numbers of those not in communion 
with the Church of England made Pennsylvania, Virginia, and the 
Carolinas their abiding-place. As the territory of the lowlands 
was mostly at that time already occupied, necessity compelled the 
immigrants to go further west, and thus the Valley of Virginia, as 
it is called, or that part of the colony lying between the Blue 
Ridge and the Alleghenies, received an influx of population. 
Even here large bodies of land had been taken up and held by 
the wealthy of both America and England, but the mass of soil 
still remained to the crown, and that possessed by subjects was, 
sooner or later, thrown on the market created by this and ensuing 
immigration. Among this population, which, the stirring times 
it had passed through had rendered somewhat restive and intrac- 

'" The manners of the English gentry in this age were in a great measure 
purely national ; and, except at Court, had received from foreign nations neither 
polish nor corruption. To travel had not yet grown to be a very common prac- 
tice. It was not yet that a visit to more genial climes, or more lovely land- 
scapes, was the best preparation for afterward living happy and contented in 
our own." Lord Mahon, " Hist. Eng.," cap. i. 



CHURCH AND STATE. 145 

table, sprung up an opposition, which, on the organization of the 
State government, culminated in the downfall of the Church Es- 
tablishment. These people, as regards religion, were mixed, but 
in respect to race, they were at first as homogeneous as those of 
the sea-board, though afterward they became infused with Scotch, 
Scotch-Irish, and even continental blood. The political constitu- 
tion of the colony, therefore, while more freely criticised perhaps 
than by the lowland planters, was not molested by them ; but 
with the growing influx of Dissenters the tide naturally continued 
to rise against the Church. Those who had been provoked, if 
not actually moved, to emigrate from England by reason of the 
limitations there imposed on the enjoyment of their faith, chafed 
at finding, on their arrival, the very same bonds the Parliaments 
of the Commonwealth had unloosed. The new-comers had not 
come over with any disposition toward paying tithes to what they 
had once humbled in the dust, nor, by so doing, to acknowledge 
the supremacy of an Establishment which had kept its footing in 
spite of them, and which boasted, that on that soil its flag had 
never been struck ; and they fretted at the thought of subjec- 
tion to the intolerance they had once protested against, but 
which they themselves had, in the day of their power, inflicted 
on their countrymen. But there was no help for it. The 
country, long before their coming, had been laid ofi: accord- 
ing to the ecclesiastical division of parishes, where the min- 
isters of the Church of England were entitled to glebe, house 
and land, and whence they drew salaries for which all alike were 
tithed. This division of the territory was firmly established, it 
had become familiar to the people, and time was already bringing 
to the support of the wealthy planters, who upheld it as the work 
of their own hands, the disinclination to disturb an accepted 
system, and that dread of innovation which always overhangs a 
conservative community. Any system which compels a man to 
pay for another's enjoyment, is wrong on the face of it ; and if 
the wrong is aggravating when that enjoyment is exercised at the 
cost of those to whom it is actually repulsive, much more is it so, 
when those who enjoy are in the minority, and those who suffer 
are in the majority.' But freedom of conscience was not one of 

^ '^ Autobiog. Memoir of Jefferson," ed. 1829, pp. 31, 32; "Notes on Vir- 
ginia," Query xvii. " Two thirds of the people had become Dissenters at the 
commencement of the Revolution." The proportion was much greater in the 
frontier countries where there were hardly any Churchmen. — Girardin, 181. 



146 CONSTITUTIONAL LIBERTY, 

the shining qualities of Virginia ; the Church members, though r& 
minority of the population, constituted the majority of the Legis- 
lature, and, being human, acted on the rule that they should keep 
who have the power ; and, besides, they were indisposed to accord 
to Dissenters in America the religious freedom they had abused 
in Europe. They accordingly turned a deaf ear to complaint, and 
the Establishment, with its obnoxious parishes, remained until 
1776, when the first republican Legislature was crowded with peti- 
tions to abolish this "spiritual tyranny." "These," said Thomas 
Jefferson, "brought on the severest contests in which I have ever 
been engaged." The struggle ended in the subversion of the Estab- 
lishment, and, in the end, freedom of conscience (though with limi- 
tations) maintained its sway in Virginia ; not, as far as it appears, 
from any great motive of refonn, but from the circumstances 
which gave the control of the Legislature to those who were no 
longer disposed to pay for what they did not get, nor to accept 
what their consciences rejected, and who resented what, assuredly, 
was an imposition on personal rights. 

Except the more progressive cast the discussion of this subject 
betrayed in this portion of the population, it cannot be said that 
their institutions and manners differed so greatly from those of 
the sea-board as to demand especial observation. There was ap- 
parently greater mental activity and acuteness ; domestic life was 
more homely and with less state than that maintained on the great 
plantations of the lowlands; but there was the same lack of a mid- 
dle class, though a tendency toward one manifested itself more 
speedily ; there was the same agricultural basis of society, and 
the same distinction between owners and slaves. Two differences, 
however, existed, which may be noticed. One of these, the lack 
of navigable waters, forced on the population a road-system, 
which, compelling united exertion, to some degree, broke in upon 
the isolation of plantation life, and paved the way to greater 
association. The other was the nature of the crops, which were 
composed of the cereals. On the sea-board, from the very begin- 
ning, tobacco was the favored crop, and the sole one which in 
America then conferred distinction. It was also the most valua- 
ble, and, in colonial days, the tobacco-planter was thus invested 
with the special dignity and importance, which in our own times 
we have seen distinguish the cotton lord. West of the Blue 



THE FRONTIER. I47 

Ridge, however, the productions of the soil conveyed no such 
distinction. What the farm produced there could be produced 
almost everywhere else. The agriculturist was no longer a 
planter, he was a farmer ; although his " farm " might be greater 
than a lowland plantation. The valley was but an extension of 
the one which crossed southeastern Pennsylvania, and the crops 
were altogether the same as those raised by the peasantry whicli 
they looked down upon, and which to this day are called the 
" Pennsylvania Dutch." Thus the aristocracy of the valley was 
not supported by the agricultural distinction, nor, indeed, by the 
wealth which invigorated so strongly the class feeling of the sea- 
board. The dweller between the Apalachian ranges, from the 
force of the system under which he lived, was an aristocrat, but, 
as his aristocratic feelings had not so great a number of subjects 
to display itself upon as had those of the lowlander, they were not 
so often called into play, and they were neither so intense nor so 
symmetrically developed. 

2. Beyond the Blue Ridge and the Alleghenies, north and 
south, from the Hudson to the Chattahoochee, a fringe of popula- 
tion was displayed, which effected the double purpose of pro- 
tecting that to which it was attached, and of forming a warp from 
which a closer woof was to be made. These sojourners in the 
wilderness were known as frontier settlers or backwoodsmen. 
Here society bordered, in nature as well as in location, on savage 
life. It was dispersed, and those who composed it were isolated 
to the last degree. It constituted an advance guard of civilization 
— it served, in fact, as a picket to the army in its rear — and was 
the rudimental form of social crystallization. It was made up, for 
the most part, from the humbler classes of society, from those 
adventurous spirits who were too restive to endure the restraints 
imposed by order, and from those who, destitute of the means to 
locate themselves where land had a marketable value, were con- 
strained to seek the parts where it was to be purchased at the 
cost of the comforts of civilization. Indeed, none had it in their 
power to pay this price but the hardy, the athletic, and the advent- 
urous, or those who had been previously inured to the hardships 
awaiting them by a mode of life which rendered them indifferent 
to what a higher class would deem necessities. These people. 



148 CONSTITUTIONAL LIBERTY. 

therefore, started into the woods a hardy, athletic, and adventur- 
ous race, and their hfe, when on the ground, developed to an 
incredible degree physical endurance, acuteness of observation, 
rapidity of action, fertility of resources, and tlie faculty of making 
a little go a great way. They went, rifle in hand, and, with the 
tomahawk constantly before their eyes, sought in the solitudes of 
the forest the sustenance which the patch of ground, still encum- 
bered with stumps, was not yet fully able to yield. These hunt- 
ing and trapping expeditions were prolonged for months, and often 
extended miles into a country swarming with hostile Indians, and 
where it was death to set up a shelter, to build a fire, or to use 
any more audible weapon than the bow and arrow, or the spear. 
Such an ever-present mistrust of the very ground he trod upon 
made the frontiersman extremely cautious and observant. 
But he had to take his natural rest, during which he was 
lielpless, and he would have been more than human had not 
familiarity with danger sometimes thrown him off his guard. 
Often, therefore, he went forth never to return, and it was not 
until long after all danger had passed away, and another genera- 
tion had taken his place, that the startled farmer or sportsman 
would stumble upon his remains, where a hollow skull, dented by 
a hatchet, a little heap of bones, and a few shreds of clothing, 
with an arrow sticking in a neighboring tree, told his story but 
too well. Then the elders of the vicinage had their recollections 
stirred to the point of remembering, that before they had settled 
in that locality, they had heard that such-a-one had declared his 
intention of hunting in that region and had departed, but that he 
had never come back. Where all trace of the' missing was lost, 
his fate Avas certain, and easily described : he had been taken 
captive, tortured, and burned at the stake. 

These were the men who, pushing ahead of civilization, hewed 
out the way for its advance into the valley of the Ohio. Led on 
by the excitement of the hunt and the love of adventure, they 
spread over the prairies north of the river, and, south of it, drove 
the Indian from the buffalo-haunted meadows of the "dark and 
bloody ground." The fury of the elements could not make them 
pause, nor could any danger deter them. They loved che soli- 
tude of the wilderness, and so much were they a part of it, and so 
estranged did they become from society, that no denizen of the 



THE FRONTIERSMEN. 1 49 

woods fled sooner at the approach of civilization than they. But, 
though thus shunning the proximity of neighbors, they, neverthe- 
less, considered themselves the guardians of their kind, and, at the 
appearance of danger, turned on their tracks, and braving every 
storm, swam rivers, crossed mountains, traversed forests, and ran 
the gauntlet of enemies, to warn a young settlement of its ap- 
proach, and to lend a hand in warding it off. In respect to phys- 
ical wants, they were as independent of the world as ever a Dioge- 
nes or an Epictetus could wish. Their bed was the ground, 
their drink was water, their fuel was at hand, their game afforded 
them food and clothing, and their rifles supplied them with 
what the elements did not. They could drive a nail with a bullet 
at forty paces, bark a squirrel at fifty, and snuff a candle as far as 
the wick could be discerned.' Danger had a fascination for them, 
and they delighted in matching their cunning with that of the In- 
dian, and their endurance with his. They surpassed the savage 
in his peculiar skill, they outwitted him on his own ground, and, 
of course, were richer in the resources of civilization ; yet, as the 
same life compelled the same habits, they did not disdain the wild 
appearance such life brought with it, but were delighted beyond 
measure when, on their rare visits to the settlement, they were 
told that they looked like Indians ; and when the children mistook 
them for such it was homage to their adaptability to nature.^ 
Like the Indian they became taciturn among strangers, and like 
him, too, their one vice was inebriety. Otherwise their lives were 
pure ; from necessity it may be, but still the modern vices of the 
frontier were almost unknown to them. Sometimes they mar- 
ried squaws, and reared a family of half-breeds, and there are in- 
stances even of their joining tribes of Indians. Though first on 
the ground, and with every facility of choice, they rarely acquired 
land. Stability was not in their nature, and they were indifferent 
to possessions which might have been purchased with the proceeds 
of a season's hunt, and were content to " squat" without inquir- 
ing into the title to the ground, or even if there were one. All 
they asked of life was plenty of game, plenty of adventure, and no 
civilized neighbors. 

At the first notes of a war between England and France, they 

^ Audubon's " Travels." 

° Darby's letter to The Republic. 



I50 CONSTITUTIONAL LIBERTY. 

busied themselves in observing the attitude of the Indians, and in 
inducing them to side with the former power. Whether success- 
ful in this object or not, they soon appeared at headquarters with 
their budget of information, and with whatever allies their per- 
suasion had gained ; and, at all events, offered their own services 
as scouts or rangers. In this capacity they were invaluable. 
Their primitive habits dispensed with the necessity of supply 
trains, for they were content with what could be carried in their 
pockets, and, moreover, they needed no shelter. They covered the 
column's front and flanks, and taking to the brush with the readi- 
ness of savages, they rendered it impossible for an attack to occur 
without warning. Luxury being unknown to them was not missed. 
They never indulged even in the soldier's privilege of grumbling, 
but, disdaining it as a mark of incapacity, endured extreme fatigue 
without a murmur. Such were the men who covered the frontiers. 

The part enacted by these men in the civilization of the coun- 
try was no mean one ; they paved the way for its advance. Pre- 
ceded by the Leatherstockings, and under their protection, our 
frontier constantly advanced, and, like the god Boundary of the 
Romans, it never stopped to rest. The establishment of well- 
ordered society in the interior was the same everywhere along the 
border, and the formation of one community illustrates all. The 
first on the ground were, of course, the rangers, who, according to 
the plan of historical development, led the way, and performed the 
task of spying out the land, of getting a proper knowledge of its 
geography and resources, and of securing the friendship of the 
aborigines who were inclined to peace, or of driving out those who 
were hostile. These rangers were the Leatherstockings, and they 
were succeeded by the pioneers, who usually appeared in small 
bands, numbering from half a dozen to a couple of scores, and 
whose first business was the erection of a stockade or rude fort at 
the junction of two streams, or at some other point which equally 
united convenience with capacity of defence. These bands would 
fell the timber necessary for the block-houses and dwellings of the 
fortifications, dig a well, plant some corn, and make all the prepa- 
ration they could for the shelter of the women and children, who, 
if they had not already appeared, were the next to come.' The 

^ The men went in the spring, the famiUes followed in autumn. — Otzinachson. 



THE DEVELOPMENT OF SOCIETY, 151 

little community having got its habitation, and a name, which, if 
not Indian, at least savored of the wildness of the woods, pro- 
ceeded to break the ground of the vicinity, and to till the land. 
The men worked ordinarily in gangs, carried their rifles with 
them to the field, and, with an eye to security, returned at night- 
fall to their families within the stockade. But, for the first season, 
by reason of there being no provisions except the little they 
brought along with them, and for many seasons afterward, from the 
insufficiency of the crops on account of the slow destruction by 
fire or frost of the stumps which cumbered the ground, the men 
were driven to eke out an existence by hunting. The order of 
nature so established it, that the game lasted until the fields became 
sufficiently productive, and thus the settlement was sustained. 

The next step forward in the development of society was taken 
after the great Indian fight, which, occurring with invariable regu- 
larity, gave the rude flourish which really rung up the curtain of 
this little theatre. For, so long as the savages were in the neigh- 
borhood, expansion was difficult and dangerous, immigration was 
deterred, and the settlement was confined within sight or sound of 
the block-houses. With the defeat of the Indians, however, the 
vicinity was cleared of danger, and the families, glad to be re- 
leased from their narrov/ confines, ventured to build cabins on 
the adjacent tracts of land from which each had made its selec- 
tion. The stockade, being still maintained in the midst of the 
settlement as a rallying point in case of alarm, naturally became 
the resort of the settlers for supplies, and when the clearings had 
become farms, and the population had multiplied by natural in- 
crease and immigration, it is to be observed, that it too has burst 
its bonds. The breastwork and log cabins have disappeared, frame 
or brick houses have been erected, the road has become a street, 
and stores and shops have taken the place of the common maga- 
zine. In a word, a village, with its schools and churches, has 
grown up amid a farming community. One change, however, is 
to be noticed with regret ; the beautiful Indian name is gone, and 
in its stead there flaunts some high-sounding title such as Athens, 
Rome, or, perhaps, Baalbec' Before this, the frontier had long 

^ Any one glancing at the map of our then Western, but now Eastern regions, 
might suppose that the demon of nomenclature, before smiting the door-posts 
of iheir towns, had just emerged from the index of some ancient history, in 
fnct, it did, and this botch of the pedagogues, I regret to say, has been imitated 
all over the West. 



152 COATSTITUTIOA'AL LIBERTY. 

ago followed the sun westward, and, departing, carried with it all 
trace of border life. The principles of law and order which are 
henceforth to control it now govern society. 

But one step more is certain ; the erection of a county. On 
that event, a court-house takes its place among the schools and 
churches ; the village becomes a borough, the borough a county 
town, and all the first steps of civilization have been taken ; it is 
now in full march. Perhaps the future will make a city of the 
borough, but, should that happen, society will only be an ex- 
pansion of what already exists, and the course of civilization pre- 
sent a higher tide only than that which now flows. 

Familiarity with the principles of government is not to be 
looked for among these simple settlers and hunters. They organ- 
ized society from instinct, not from induction, and freedom of 
individual action was its animating principle, not from philo- 
sophical forecast, but because nature had ordained it to be the soul 
of their social life. These children of nature acted naturally, and 
therefore their development of society is in every respect as 
worthy of observation as was that of their ancestors, ruder even 
than themselves, the Angles and Saxons. Local self-government 
was the direct outgrowth of their blood, and was as natural to 
them as the surrounding forests were to the soil on which they 
stood. We, consequently, find it to be the beginning and the end 
of their organization. Whatever affected that, affected them ; 
and, inversely, for what did not concern them, they did not care. 
Of the imperial government they knew almost nothing ; it scarcely 
reached them : and if even to the cultivated Virginian, royalty 
was but a sentiment, what a mere abstraction must it have been 
to those to whom the most positive evidence of civilization was a 
piece of calico, who laughed at writs, and whose notions of coercion 
were limited by the number of rifles which could be brought to 
bear on an offender. Until the court-house appears, then, the 
influence of the central government maybe entirely left out in 
considering their social development, and that of the colonial 
taken into but little account ; for they looked to this only in dis- 
tress, and turned their backs on it the moment they no longer 
needed its help.' The restraints of order in a dispersed society 

' This independence of the remote governments, imperial and colonial, is 



FREE SPIRIT OF FRONTIER LIFE. I 53 

were little needed, and what were necessary, difficult to impose : 
administration was therefore slighted, and its cares sat lightly on 
authority. Personal liberty was the soul of the settlement, and 
every thing like government was measured by the rule that alone 
laid down. That their ideas of freedom were limited to the person 
of the citizen, is to be expected when we observe, that they were a 
migrating people, whose roaming had a continent for its field, and 
was restricted only by the opposition of savages or by the forces 
of nature. It is natural, therefore, that among those whose 
notions of personal freedom were bounded only by the moral 
law, the spirit of liberty would be very arrogant, not to say fierce, 
and that their sense of allegiance, from the nature of things ex- 
ceedingly' weak, would be ^easily extinguished. So it was, and 
when the troubles concerning the Stamp Act arose, what affection 
these people had for the crown became in an instant alienated for- 
ever. Not that they were moved by the principle underlying a 
taxation their mode of life would rarely call on them to pay, but 
because their personal feelings outweighed their sense of political 
responsibility, at the recollection of the slights which had been 
put upon them during the French wars by the king's troops, the 
only representatives of royalty they had ever seen, and because 
they resented the arrogance which regarded them as fit only to be 
hewers of wood and drawers of water for those who sprang from 
the same loins and were no better than themselves. 

shown by the fact, that, with an utter disregard for authority of any kind, set- 
tlements were frequently puslied far beyond the reach of civilization, and on 
disputed territory where accountability to either power was denied. Yet the 
process of social organization went on precisely as it did where the claims of 
government were recognized, and the remote governments were not submitted 
to, until civilization had reached that point where it always imposes central 
control on its children. 



CHAPTER VI. 

Manners in the Middle Provinces. 

3. Between the Susquehanna and the Hudson, the manners 
of the people differed much from those of the Southern and the 
Northern colonies. In the agricultural portion of the Middle 
colonies we come to farms, and these were greater than the farms 
of New England, but were smaller than the plantations of Virginia 
and the South. On the seaboard we behold commerce in its best 
estate, and Philadelphia, the largest and most populous city in 
British America, outshines all others in trade, wealth, hospitality, 
politeness, and culture, and, in every thing which gives a capital its 
peculiar features. It was a large and flourishing city when 
Boston was still fearing the rivalry of Salem,' when New York 
had barely crossed Wall street, when Annapolis, Williamsburg, and 
Charleston were yet mere villages, and before Albany, Pittsburg, 
Baltimore and New Orleans had crept beyond their stockades or 
had any greater distinction than what their names could give 
them. It was essentially English, though the most cosmopolitan 
of American capitals in aspect and character. It had been 
founded by the Friends or Quakers, who, for a long time, kept the 
lead in wealth and influence ; but the inflowing population had 
broueht hither a class which soon surpassed all others in culture 
and the higher forms of education, and to whom the colonial 
reputation of Philadelphia for refinement was mostly due. This 
class belonged, for the greater part, to the Church of England, 
and was that which built the now venerable and historic piles of 
Christ Church and St. Peter's, and the one whose tombstones, 
with their quaint inscriptions, still fill these church-yards. The 

'"Fam, Letters," John Adams, No. 5. 

154 



PHILADELPHIA . 1 5 5 

spirit of opposition to Quakerism ' aided its natural tendency to a 
mode of life very different from that of the followers of Fox, 
and broadly marked the contrast it made with the manners and 
doctrines of the Quakers. It constituted the progressive party in 
Philadelphia, and was liberal and expansive in its views of life. 
Coming over, when, even in England, the hereditary intolerance 
of its Church had wellnigh disappeared, and at a time when it 
had neither the opportunity nor the disposition to display any of 
the qualities which had made that Church obnoxious to the Dis- 
senters, its career, as far as religion is concerned, was on the 
whole a tranquil one, and, as far as regards social life, was invested 
with elegance and dignity which it delights its successors to look 
back upon. As a party it was strengthened by the sympathy of 
the ever-increasing immigration, which, as fast as it became set- 
tled, arrayed itself in opposition to the Quaker government, and 
thus its influence was extended far beyond the city and its neigh- 
borhood, and expanded constantly from day to day, as the fron- 
tier kept advancing.^ It need hardly be said, that its spirit was 
naturally sympathethic with that of Maryland and Virginia on the 
one hand, and with New York on the other. 

It was this class, likewise, which, even before the Revolution, 
bestowed on the city its reputation for excellence in law and 
medicine. 

As the great and constantly growing commerce of Philadelphia 
broadened, there was to be seen there a greater diversity of nation- 
alities than in any other city in America ; and, consequently, 
a greater diversity of manners, and not a little of the refinement of 
its highest classes, were due to the immigration it welcomed, when, 
in consequence of the insurrections in the West Indies and the 
religious troubles in Europe, it became the refuge of many foreign 
families. These, in general, were French by birth or descent, 
and Protestant in religion, and being of the upper classes, affected 

^ " As the chief part of the inhabitants were Quakers, they with others were 
and are concerned in acts of government ; but as the province increased and 
prospered in every respect, many of other persuasions came and settled here 
with worldly views, who have formerly attempted to wrest the civil power out 
of the Quakers' hands, as it is very probable they may and will do again." — 
Fishbourn MS.; Penn and Logan Corresp., "Mem. Hist. Soc. of Pa.," sparsim. 

^ The Germans, however, co-operated with the Quakers, through sympathy 
with the doctrines of peace maintained by the latter. See sparsim, Logan's 
Letters in Penn and Logan Corresp., " Mem. Hist. Soc. Pa." 



156 CONSTITUTIONAL LIBERTY. 

the manners of society by adding a sprightliness and vivacity not 
hitherto possessed. 

This, by far the most important of the colonial cities, was, too, 
the most stately. From the earliest period of its existence, life 
assumed there a dignified as well as genial aspect. The houses of 
ihe rich were spacious, comfortable, luxurious. The trade with 
Europe and the West Indies, and even from far-off China and 
Bengal, brought to its doors every luxury known to man ; its 
household comforts were supplied in profusion by the fertile 
regions surrounding it, and its markets were filled with what land, 
air, and water could furnish, in such abundance and excellence, 
as to excite the admiration and wonder of the stranger, come from 
where he might.' Its merchants displayed their taste and riches in 
town-houses whose gardens stretched down to the water-side, and 
in country-houses surrounded by lawns and groves, from whose 
broad verandas the eye took in scenes which might charm the 
wanderer from Hampshire or Devon. Agriculture filled its bins 
with plenty, and trade poured opulence upon its wharves. 

Nor were there lacking incentives to intellectual exertion and 
the means of mental culture. Not only the questions of local 
interest called into activity the faculties for disputation, but 
from a remote period of colonial existence, the mind of this capi- 
tal was reaching forth to meet that of Europe in fields common 
to both. The men for intellectual work, and the souls with lofty 
aspirations were there. To say nothing of those who, in the 
course of time, made the name of Philadelphia synonymous with 
all that is excellent in law and medicine, there were Godfrey, who 
invented the quadrant ; the astronomer Rittenhouse, who con- 
structed the famous orrery ; and Franklin, who discovered the 
transmitability of electricity, and whose works on the practical 
philosophy of life belong to the world. In the earliest days of the 
colony, James Logan brought over with his books a love of them, 
and to his latest day never ceased those graceful pursuits which 
drew to his, seat of Stenton the companionship of the rising in- 
tellect of America and the sympathetic correspondence of the cul- 
tured abroad. It was he who, dying,bequeathed to the public the 
literary accumulations of a lifetime, and who left behind him the 

' " it is allow'd by Foreigners tt be the best of its bigness in the known 

world, and undoubtedly the largest in America." — Black's "Journal," Pa, 
Mag., etc., i, 405. 



r LEARNING IN PENNSYLVANIA. 1 5/ 

Loganian collection,' which to this day remains the pride of that 
splendid depository of thought, the Philadelphia Library. This 
cultivated man had Pastorius, Kelpius, Lloyd, Thomas, Aquila 
Rose, and Story for his companions, and graced in scholarly re- 
tirement the declining years of his life by translating for the bene- 
fit of his fellow men the " De Senectute" of Cicero. It was after 
him that Shikellamy named his son, the future great chief, Logan, 
in grateful recollection of the just dealings of this good man with 
the Indians. ° 

The love of books and literature breathed into the colony by 
these men was not lost. After them came Smith, the first master 
of what is now the University of Pennsylvania, an institution 
which, from that time to this, has maintained its reputation un- 
diminished, and Shippen, Webb, Godfrey, and a horde of lesser 
lights, to whom literature owes no debt, it is true, but whose 
names recall an intellectual activity not to be despised. Nor is it 
to be forgotten, that here was the abode of him to whom David 
Hume thus wrote : " America has sent us many good things, 
* * * but you are the first philosopher, and indeed the first 
great man of letters, for whom we are beholden to her." The 
genius of Franklin not only revivified the x love of science and 
literature, of which Logan in his day had set the good example, 
but stimulated and developed it, and it is to him Ave owe such in- 
stitutions as the Philadelphia Library, the American Philosophical 
Society,' and the Society for the Diffusion of Useful Knowledge, 
with which it combined. 

' " After the Tea Table was remov'd, we were going to take leave, but it ap- 
pear'd we must first view his Library, which was Customary with him, to any 
Persons of Account. He had really a very fine Collection of Books, both An- 
cient and Modern, he seemed to Regrate that none of his Sons knew how to 
use them, and that he design'd them as a Legacy to the City when he Died." — 
Journal of William Black, Pa. Mag. of Hist, etc., vol. i, No. 4, 407. It, 
with the Union Library, was combined with the Philadelphia Library in 1792. 

^ "We got to Mr. Logan's, a few rninutes after 3, and found him hid in the 
Bushes, an expression the Indians used when Treating with the Province at 
Philadelphia, in July, 1742, saying, ' They were sorry to find their Good Friend 
James Logan hid in the Bushes,' Meaning, it gave them concern their Friend 
was so much Oppress'd with Sickness as to be Oblig'd to live a Life Retir'd 
from Public affairs : he had been a very great Benefactor to the Indians, and 
conducted several Treaties with them, and they having always found him true 
to them, had an Extraordinary Regard for him : The Commissioners * * * 
told him, his Advice would be of the last Consequence to them in Conducting 
the Treaty." — Id.^ ibid., 406-7. 

^ " This last institution is erected upon an admirable plan, and is by far the 



158 CONSTITUTIONAL LIBERTY. 

Of the social life of Philadelphia during its colonial da5's, there 
are many records and traditions. But there are none more valuable 
and interesting than the '' Journal of William Black,"* a Vir- 
ginian, who recorded the events and the impressions made upon 
him during a visit to that city in May and June, 1744. Black was 
a native of Scotland, and accompanied, in the character of secre- 
tary, the commissioners sent by Virginia to unite with the com- 
missioners from Pennsylvania and Maryland in a treaty with the 
Iroquois, or Six Nations, having reference to lands west of the 
Alleghenies. This record is in the shape of a Diary, which opens 
with the departure of the yacht Margaret from Stratford, a plan- 
tation on the James River, entertains us with the reception of his 
party at Annapolis, in Maryland, and finally brings us to Philadel- 
phia, after the Virginians had been met, at the Blue Bell Tavern, 
near Darby, by a deputation of officials and private citizens ap- 
pointed to conduct them to the Governor's house. His official 
position brought him in daily contact with the governing element, 
and opened to him the hospitable doors of the highest classes. As 
his diary was jotted down without a thought of publication, the 
facts noted are to be relied on implicitly. 

From the few pages of this Journal alone-^to say nothing of 
other authorities — it is to be gathered, that the society of Phila- 
delphia, in that day, was extensive, wealthy, educated, and cour- 
teous, and that it presented the characteristics of one founded on 
professional pursuits, and upon trade in its most elevated condi- 
tion. There hangs about it an air of stateliness, which, as we de- 
scend the social grades, mellows into ease and comfort. Among 
the higher classes, there was a ceremoniousness which regulated 
rather tlian interfered with sociability, and the style of conversa- 
tion among the young — for Black was then a young man and 
naturally sought the companionship of youth — was carried to a 
degree of sentimentality which, in our days, we should consider 
stilted. When young ladies were present, the discourse invariably 
turned on love and the emotions, and these subjects were discussed 
in a style that Avould have done honor to Miss Lydia Languish, 

besfc school for learning Ihrougliout America." — Burnaby's "Travels," 85; 
" Works of Franklin," vi, 194. " They have societies, the Philosophical So- 
ciety particularly, which excites a scientific emulation, and propagates their 
fame." — John Adams, " Familiar Letters," No. 125. 

' The Pennsylvania Magazine etc. (Hist. Soc. of Pa.), vols. I and 2. 



SOCIAL LIFE IN PHILADELPHIA, 1 59 

and with a pertinacity and a particularity which would have 
stirred the soul of Clarissa Harlowe. It was, to tell the truth, 
somewhat lackadaisical, and was varied, if monotony is ever 
varied, by excursions into the domain of criticism, Avhere the 
beauties of Addison, Prior, Otway, Congreve, or Dryden, were set 
off against the polished satires of the heartless Mr. Pope. Its 
fault was, that it was too sentimental ; it smacked too much of the 
fine writing of the age, and it can be easily imagined that, to one 
listening to it with his eyes shut, it would sound as if some one 
■were reading a poor imitation of the Tailer and Guardian., or, at 
best, of the Spectator. The taste of the day mercilessly exacted 
that young ladies should grow lachrymose over the wrongs of the 
distressed heroines — for distressed they always were — and that 
their beaux should wax indignant at the ruffianly Lovelaces who 
scandalized innocence on every page of fiction.' 

From many sources we know the habits and manners of colo- 
nial society in Philadelphia, and we know that it w^as characterized 
by a remarkable degree of elegance and display, when it is con- 
sidered that, at that time, it was the growth of but three genera- 
tions. The accumulation of wealth had been exceedingly rapid, 
and doubtless would have brought with it the evil that almost in- 
variably attends the hasty acquisition of riches, had it not, after 
all, been a natural and healthy result of circumstances, and had 
not its use been regulated by a moderation and sobriety admirable 
to look back upon. That society was pure, every record we have 
of it clearly testifies. It was moral, religious, and, on the whole, 
cultivated. 

Pennsylvania and its capital were, in many respects, far in ad- 
vance of the rest of colonial organizations. In agriculture, it 
reached the highest point then attained in America"; in com- 

' " The women are exceedingly handsome and polite ; they are naturally- 
sprightly and fond of pleasure ; * * * without flattery, many of them 
would not make bad figures even in the first assemblies in Europe." — Burnaby's 
" Travels," 86, 87. 

^Philadelphia was "well lighted at night and patrolled." — Burnaby's " Trav- 
els," 76. 

" For nearly four miles the road is as straight as the streets of Philadelphia. 
On each side are beautiful rows of trees, buttonwoods, oaks, walnuts, cherries, 
and willows, especially down toward the banks of the river. The meadows, 
pastures, and grass-plots are as green as leeks. There are many fruit-trees and 
fine orchards set with the nicest regularity. But the fields of grain, the rye and 
wheat, exceed all description. These fields are all sown in ridges, and the fur- 



l6o CONSTITUTIONAL LIBERTY. 

merce, it was unquestionably pre-eminent ; the commonwealth dis- 
played in its government the principle of representation in greater 
activity than was seen anywhere else ; and, from the very first day 
of its existence, freedom of conscience., the mother of every kind 
and degree of liberty, was established as the foundation on which 
the whole structure rested ; moreover, her geographical position, 
between the North and South (there was then no West known to 
American civilization), gave her natural advantages which her sis- 
ters on either hand could not possess. Philadelphia thus became 
metropolitan : it was the centre, to which every impulse, intel- 
lectual or physical, made its way, and from which it again went 
forth. Here were not only the libraries, but the printing presses 
which the Bradfords and Franklin made famous, and as most of 
the colonies were lamentably deficient in this respect, and some 
altogether destitute, the printers of this city naturally monopolized 
that industry, so far as the Middle and Southern colonies were 
concerned. It is evidence at once of no little intellectual activity, 
and of considerable industrial energy, that of works printed be- 
fore the Revolution, in Philadelphia, there are in the City Library 
alone four hundred and fifty-nine books and pamphlets.' 

Every where in America there was little or no poverty, and in 
Philadelphia and its vicinity there was less even than the density of 

row between each couple of ridges is as plainly to be seen as if a swath had 
been mown along. Yet it is no wider than a ploughshare, and it is as straight 
as an arrow. It looks as if the sower had gone along the furrow with his spec- 
tacles, to pick up every grain that should accidentally fall into it. The corn is 
just coming out of the ground. The furrows struck out for the hills to be 
planted in are each way as straight as mathematical right lines ; and the squares 
between every four hills as exact as they could be done by plumb and line, or 
scale and compass. I am ashamed of our farmers. They are a lazy, ignorant 
set, in husbandry I mean ; for they know infinitely more of every thing else than 
these." — " Familiar Letters " of John Adams, No. 185 (Phila., May, 1777). 

^Thomasl. Wharton, " Prov. Lit. of Pa.," "Mem. Hist. Socy. of Pa.," i, 
156. The taste for reading was general. "You would be astonished," says 
Duche, in his " Observations," etc., p. 11, quoted in Wharton's " Essay," 
" at the general taste for books which prevails among all orders and ranks of 
people in this city. The Librarian (of the City Library) assured me, that for 
one person of distinction and fortune, there were twenty tradesmen that fre- 
quented this library." Again, id., p. 30, " Literary accomplishments here meet 
with deserved applause. Such is the prevailing taste for books of every kind, 
that almost every man is a reader ; and by pronouncing sentences right or 
wrong, upon the various publications that come in his way, puts himself upon 
a level, in point of knowledge, with these several authors." * * * "Many 
excellent productions in the literary way have been published here. That 
spirit of freedom, which I have already mentioned, has given birth even to ora- 
tors and poets, many of whose performances I have heard and read with the 
highest satisfaction." — Id., 150. 



DIVERSITY OF NATIONALITY. l6l 

population would lead one to reasonably expect. The mechanics, 
for whom it was then as noted as it is now, and the tradesmen, 
were, as a class, well off, and many were wealthy. Hospitals and 
benevolent institutions of one kind or another were established, 
encouragement was given liberally and practically to apprentices, 
the schools enjoyed a reputation that extended throughout the 
land, and, in short, during her colonial existence, Philadelphia dis- 
played a lofty condition of civilization. Education was not con- 
fined to the city. At Bethlehem the Moravians were annually 
sending forth educated youth from the same school they are con- 
ducting to-day ; and at Ephrata, in Lancaster County, a community 
of Dunkers relieved the tedium of a cloistered life by composing 
and publishing works on religion and morality.' Lindley Murray, 
who was a native of that county, was at that time, too, engaged in 
those studies which eventually produced his works on the English 
language. 

Pennsylvania, during her colonial existence, owed much to the 
German element of her population. The Mennonites, from the 
Palatinate, settled Germantovvn, and a general immigration from 
other parts of Germany diffused itself through the rich valley 
which extends on the south of the Blue Mountains, from the 
Delaware to the Susquehanna, and thence, southwardly through 
the land. Their knowledge of agriculture, their sagacity, and 
their patient toil and love of labor, made this valley a garden. 
For some time, indeed, the influx of these immigrants was so 
great, that a wide-spread alarm possessed the English-speaking 
colonists lest the Germans might get the ascendancy in govern- 
ment as well as in numbers, and thus transform Pennsylvania 
from an English into a German colony.^ But this fear gradually 
disappeared before the natural increase and the immigration of 
the former, and vanished entirely on the arrival of great numbers 
of Irish, Welch, Scotch, and Scotch-Irish. These last, for the 
most part, went directly to the frontier, which was not long in 
crossing the Susquehanna and advancing beyond the rich valleys 
of the interior. There the struggles of border life at once de- 

■" See Israel Acrelius' visits to Bethlehem and Ephrata in " Mems. Hist. Socy. 
Pa.," and Watson's " Annals '' ; also John Adams, " Fam. Letters," No. 155. 

^ See, sparsim, Logan's Letters in Penn and Logan Corresp. As late as 
1755, Sam'l "Wharton expresses his fears in this respect. MS. 198-202 ; Wat- 
son's "Annals," 256, 257. 



1 62 CONSTITUTIONAL LIBERTY. 

veloped the hardy population heretofore described. To the 
north of the Bhie Mountains, in the valley of the upper Susque- 
hanna, and in what is the northeastern part of the territory, an 
immigration from New England, chiefly from Connecticut, had 
set in, which, claiming the soil under the Connecticut charter, led 
to long and sanguinary broils with those who attempted to head 
them off, or to expel them, under color of the charter granted to 
Penn. This conflict of tenure was suspended by the common 
necessity which compelled the contestants to take part in the 
Revolution, and it was not until after the return of peace that 
the strife was settled by the decision of the federal court, sitting 
at Trenton, invalidating the Connecticut title, or, to speak accu- 
rately, confiirming that of Pennsylvania. Beginning, then, at the 
southeast, and advancing north and westwardly, we find that the 
population of Pennsylvania contained, first, Swedes, next English, 
then Germans, and lastly New Englanders ; while the whole front 
of this mass, from the west branch of the Susquehanna south- 
ward, was covered by one consisting of Irish, Welch, Scotch, and 
Scotch-Irish, as the Protestant immigrants from the north of 
Ireland were called. 

Thus Pennsylvania had a greater diversity of nationalities than 
any other colony, and offered, consequently, a greater variety of 
character. While agriculture drew to itself the largest number 
of people, the commercial class, from its greater concentration 
and wealth, exercised the weightiest influence, and the timidity of 
trade uniting itself with the natural tenacity of the farming class 
to ancient institutions, rendered this colony to a high degree 
conservative. As far as the ancient institutions of the race were 
concerned, the progressive party was as conservative as any other. 
It aimed principally at a modification of manners and a change of 
the ruling element ; at a more active development of natural re- 
sources and greater facilities for commerce. Its strongest ally 
within the city was the industrial classes, and, in the country, the 
immigration that was not Quaker was on its side. This was 
the class, which, once moved to act, carried the colony into 
rebellion. 

Looking at the whole of Pennsylvania at once, it cannot be said 
that its spirit of liberty was a fierce one. The frontier population, 



THE SPIRIT OF IIBERTY STUBBORN. 1 63 

of course, brooked no restraint/ but the natural placidity of the 
German farmers did not give way to an aggressive character, and 
the English counties were under the influence of the mercantile 
caution of Philadelphia, and of the deliberation natural to the 
Quakers and the wealthy class there gathered together. But the 
placidity of the Pennsylvania German is not to be taken for 
indifference : his emotional character is undemonstrative and 
expends its force in simple tenacity." The stubborn, resisting 
quality of the English blood need hardly be mentioned. It takes 
much, yields little, and, when under such personal control as 
that maintained by the Quakers, is as little ostentatious as the 
phlegmatic temperament of the Germans. 

Thus the Spirit of Liberty does not assume in Pennsylvania 
the aspect of defiance so familiar in the Northern and Southern 
colonies. It is tempered by gravity, and is stubborn rather than 
fierce. 

'On the 4th July, 1776, the settlers on Pine Creek met and resolved that 
they were independent of Great Britain — and this without the knowledge, of 
course, of what was at that hour going on in Philadelphia. — M'Ginnes' " Otzi- 
nachson," 192. 

'^John Adams thus conveys the impressions he received of this people. It 
must be remembered, however, that he was then a fugitive at York, where, with 
Congress, he was constantly threatened by Howe — circumstances not calculated 
to favorably impress a man impatient of the delay, then beinsj experienced, in 
resisting the enemy, and irritated by the patience he mistook for want of spirit. 
Moreover, his remarks are directed against those who, removed from the theatre 
of war, had not yet been excited by the spectacle of it :■ — " The people of this 
country are chiefly Germans, who have schools in their own language, as well 
as prayers, psalms, and sermons, so that multitudes are born, grow up, and die 
here without ever learning the English. In politics they are a breed of mon- 
grels or neutrals, and benumbed with a general torpor." " Fam. Letts.," No. 
223, Oct., 1777. 

Burnaby, whose judgment is entitled to great respect, says of the Pennsy- 
vanians in 1759-60: " They are great republicans, and have fallen into the 
same errors in their ideas of independency as most of the other colonies have." 
— ' Travels," 86. 



CHAPTER VII. 

New EnglancV s Five Advantages as enumerated by John 
Adajns ; and herein of Education. 

ACCORDING to the order adopted, the remaining reason for 
the spirit of liberty being fierce in ihe colonies, given in Mr. 
liurke's analysis, namely Educatioti, is now to be considered, and in 
connection with it the advantages mentioned by John Adams^ which 
New England possessed "over every colony in America, and, in- 
deed, of every other part of the world," may be reviewed with profit. 

These advantages are thus enumerated : 

" I. The people are purer English blood ; less mixed with 
Scotch, Irish, Dutch, French, Danish, Swedish, etc., than any 
other ; and descended from Englishmen, too, who left Europe in 
purer times than the present, and less tainted with corruption than 
those they left behind them. 

" 2. The institutions in New England for the support of religion, 
morals, and decency exceed any other ; obliging every parish to 
have a minister, and every person to go to meeting, etc. 

"3. The public institutions in New England for the education 
of youth, supporting colleges at the public expense, and obliging 
towns to maintain grammar schools, are not equalled and never 
were, in any part of the world. 

" 4. The division of our territory, that is, our counties, into town- 
ships ; empowering towns to assemble, choose officers, make laws, 
mend roads, and twenty other things, gives every man an oppor- 
tunity of showing and improving that education which he received 
at college or at school, and makes knowledge and dexterity at 
public business common. 

^ " Familiar Letters," 120, No. 75. 

164 



NEW ENGLAND'S ADVANTAGES. 1 65 

"5. Our law for the distribution of intestate estates occasions a 
frequent division of landed property, and prevents monopolies of 
land. 

"But in opposition to these we have labored under many disad- 
vantages : the exorbitant prerogative of our Governors, etc., which 
would have overborne our liberties if it had not been opposed by 
the five preceding particulars." 

There can be little question, that, had not the inflexibility of 
these free institutions and the stubborness of blood withstood the 
encroachments of the crown, liberty in these colonies would have 
been ground to dust under the crushing pressure of royal preroga- 
tive. They are therefore worthy of thoughtful consideration, and 
shall be noticed in the order enumerated. 

I. The first advantage set forth by Mr. Adams might not meet 
the assent of those theorists in ethnology who maintain that tribal 
mixture increases the vigor of race. But accepting as a fact the 
implication deducible from his proposition, that the purer the 
blood the better the race, it is to be observed that this advantage 
IS not one peculiar to New England. The governing class in the 
Southern colonies, by whom alone resistance was made, was equal- 
ly pure in blood with the people of New England, and we have 
seen that in Pennsylvania, where fully as high a pitch of civiliza- 
tion was reached, this eminence was greatly due to the admixture 
of nationalities. Nevertheless the advantage possessed by New 
England in this respect is not thereby lessened, though it be not 
one in which that region surpasses " every colony in America." 

That the times in which the colonists left England were purer 
than those in which the new-born states assumed their manhood, 
and that those who came over were less tainted with corruption 
than those that were left behind, are facts which cannot be em- 
phatically asserted, because they cannot be definitely ascertained. 
Granting,. however, that such v.'^ere the cases, and that thence de- 
scended an untainted race, the Quakers of Pennsylvania, the 
Roman Catholics of Maryland, and the later immigration of Vir- 
ginia can all claim with justice the same hereditary purity. It 
cannot be denied that to this purity of race and character the 
colonists owed much of the resolution and endurance which dis- 
tinguished them, and that in these noble qualities the New Eng- 
land people were not outshone by their fellows. 



1 66 CONSTITUTIONAL LIBERTY. 

2. That the institutions of New England exceeded those of 
the other colonies in the support they gave to religion, morals, 
and decency, is an assertion likewise open to dissent ; for, where 
was there a more religious people than those of Pennsylvania and 
Maryland, a more moral people than that of the South, and in 
what respect did New England excel in that general decency 
which everywhere alike pervaded the simple manners of the col- 
onists ? The reasons given for such superiority, namely, the im- 
position of clergy upon communities, and Sunday laws, have de- 
monstrated their insufficiency by ceasing to exist in the New 
England to which they are asserted to give such great advan- 
tages ; nor could their existence even be excused, unless it be 
granted that there can be no public worship without an Establish- 
ment, no religion without intolerance, nor any morality and de- 
cency without both. But among free peoples, though religion 
sustains morality and decency with the sympathy of a kindred 
spirit, it is the arm of the municipal law that enforces their ob- 
servance, and though the State regards religion as one of the in- 
stitutions of society it is bound to protect, it by no means follows 
that such institution has actual control of the manners and con- 
science of the community for weal or woe. It certainly did not 
in New York and Virginia where Establishment was the law of 
the land, nor was its rule effective or perpetual in the days of the 
Massachusetts oligarchy. It is difficult, then, to see the extraor- 
dinary advantages conferred by such relics of intolerance as the 
forced imposition of clergy and compulsory attendance upon 
public worship. As parts of political constitution the enlightened 
now regard them as so many weaknesses of the body politic, and 
even as so many hindrances to the development of purity in 
morals and religion, and the observer is, therefore, apt to conclude 
that New England was religious, moral, and decent, not on account 
of these irrational institutions, but in spite of them/ 

' How tenaciously Massachusetts clung to these twin relics of intolerance may be 
seen from the following account of an interview which took place as late as 1774. 

..* ;is * Some gentlemen in Philadelphia * * * wished to communi- 
cate to us a little business, and wished we would meet them at six in the even- 
ing at Carpenters' Hall. * * * \Ye all went at the hour, and to my great 
surprise found the hall almost full of people, and a great number of Quakers 
seated at the long table with their broad-brimmed beavers on their heads. We 
were invited to seats among them, and informtd that they had received com- 
plaints, from some Anabaptists and some Friends in Massachusetts, against cer- 
tain laws of that Province, restrictive of the liberty of conscience, and some 



SCHOOL SYSTEM OF NEW ENGLAND. 1 6/ 

3. But whatever doubt ma)' hover over the first two assertions 
of this great statesman, none clouds the rest. Political science 
affords no greater verities than those contained in the ensuing 
paragraphs, and the school, the township, and the equability of in- 
testate distribution did exert a notable influence over New Eng- 
land character, and served to render her spirit of liberty exceed- 
ingly bold. 

The establishment of the school system of New England was 
aided by the concentration of population, to which the climate, 
the distribution of soil, the theocratic constitution of society, the 

instances were mentioned, in tlie General Court, and in the courts of justice, in 
which Friends and Baptists had been grievously oppressed. * * * 

" Israel Pemberton, a Quaker of large property and more intrigue, began to 
speak, and said tliat Congress were here endeavoring to form a union of th*; 
Colonies ; but there were difficulties in the way, and jione of more tinportaiice . 
thait liberty of conscience. The lazvs of Netv England, and pnrticidarly of 
Massachusetts, were inconsistent with it, for they not only compelled men to pay 
to the duilding of churches and support of ministers, but to go to some known 
religions assembly on first days, etc. ; and that -he and his friends were desirous 
of engaging us to assure them that our State would repeal all those laws, and 
place things as they were in Pennsylvania. 

" A suspicion instantly arose in my mind, which I have ever believed to have 
been well founded, that this artful Jesuit, for I had been before apprized of his 
character, was endeavoring to avail himself of this opportunity to break up the 
Congress, or at least to withdraw the Quakers and the governing part of Penn- 
sylvania from us ; for, at that time, by means of a most unequal representation, 
the Quakers had a majority in tlieir House of Assembly, and, by consequence, 
the wliole power of the State in their hands. I arose, and spoke in answer to 
him. The substance of what I said was. that we had no authority to bind our 
constituents to any such proposals ; that the laws of Massachusetts were the 
most mild and equitable establishment of religion that was known in the world, 
if indeed they could be called an establishment ; that it would be in vain for us 
to enter into any conferences on such a subject, for we knew beforehand our 
constituents would disavow all we could do or say for the satisfaction of those 
who invited us to this meeting. That the people of Massachusetts were as 
religious and conscientious as the people of Pennsylvania ; that their consciences 
dictated to them that it was their duty to support those laws, and therefore the 
very liberty of conscience, which Mr. Pemberton invoked, would demand in- 
dulgence for the tender consciences of the people of Massachusetts, and allow 
them to preserve their laws ; that it might be depended on, this was a point 
that could not be carried ; tliat I would not deceive them by insinuating the 
faintest hope, for I knew they might as well turn the heavenly bodies out of their 
annual and diurnal courses, as the people of Alassachusetts at the present day 
from their meeting-house and Sunday laivs. Pemberton made no reply but this : 
' Oh ! sir, pray don't urge liberty of conscience in favor of such laws ! ' If I 
liad known the particular complaints which were to be alleged, and if Pember- 
ton had not broken irregularly into the midst of things, it might have lieen 
better, perlraps, to have postponed this declaration." — " Life and Works of 
Jolm Adams," Diary, ii, 398, 399. 

Better ! It would have been best had this declaration never offended the 
ear of freedom of conscience ! JoItu Adams was ahead of his times in every 
thing except toleration ; in that respect Israel Pemberton was in advance of 
Adams. 



1 68 CONSTITUTIONAL LIBERTY. 

disposition of character, and the habits of class all contributed. 
This concentration made practicable what the dispersion of 
Southern society rendered impracticable, and in every Northern 
neighborhood a number of children sufficient to warrant the exist- 
ence of a school was always at hand, while in Southern localities 
the scholars were scattered over territory too great to permit tlieir 
daily assemblage. As we go far South, and the population be- 
comes more and more scanty, this obstacle to the formation of 
common schools becomes greater and greater. That a disposition 
favorable to education existed in the South, as well as in the 
North, 13 shown by the fact, that where the density of population 
permitted the support of schools they appeared ; where it was in- 
sufficient they did not appear. Fortunately, the absence of public 
schools does not always imply want of education, inasmuch as 
from the constitution of modern civilization, a dispersed society is 
generally accompanied with wealth sufficient to make up the de- 
ficiencies incident to isolation. In fact, in the Southern colonies, 
education made its way by adopting a- mode of dissemination dif- 
ferent from that of the Northern, but nevertheless efficacious. 
Here society gathered to receive it,' but there it had to seek 
society, and its agents were as dispersed as the families. Instead 
of public there was home instruction, and the children were 
taught by tutors who were members of the household. Often 
these were the neighboring parsons, curates, or students of the- 
ology, or, where such could not be had, young graduates of the 
universities lately come out from England. Still, though educa- 
tion in the South is thus shown to have been steadily cared for, it 
was nevertheless imperfect. Every form of solitary instruction is 
defective, and to this the instruction on the plantations was no 
exception ; for it was confined to one class of society only, and, 
so great was the dispersion, it could not reach all the children 
even in that class. Education, therefore, was not so much diffused 

^ So early was this tendency to concentration, that, in 1636, a law was enacted 
in Massachusetts which prohibited the erection of dwelling-houses in any new 
township, at a greater distance from tlie meeting-house than half a mile. 
Lands were sold or granted only to companies associated together for the pur- 
poses of settlement. This regulation was based on religious more than on 
social or political motives, and it was a provision by which two birds weie 
killed with one stone : — for, none bat church members being allowed to vole in 
township affairs, the theocratic oligarchy was strengthened the more the lain) 
was peopled. — Hildreth, i, chap. ix. 



ADVANTAGES OF NORTHERN SYSTEM. 169 

in the South as in the North. Again, the one teacher had to 
instruct in all branches, and as the men are rare who are good at 
teaching every thing, learning was infected with the inequality of 
excellence which naturally results from that of capacity ; and, 
lastly, from the paucity of pupils competition was rare, and thus a 
highly effective force was almost wanting. These defects, lack 
of diffusion, inequality of excellence, and feebleness of competi- 
tion, placed the education of the South in an unfavorable contrast 
with that of the North. Good in one thing, it was deficient in 
another, and it thus betrayed irregularity and shortcoming. The 
want of competition was, next to the actual paucity of numbers 
(and the blacks are out of the question), in a great measure owing 
to the absence of the middle class, which ordinarily fills the 
benches of Northern school-rooms, where to this competition is 
chiefly due the excellence of the schools embraced in the com- 
munal system. Then, too, the social concentration which the 
South lacked, was able, in the North, to supply several teachers to 
one school, and as each of these instructed in the subject for 
which he was best fitted by taste and acquirements, the pupils 
thus enjoyed the best instruction in all branches that the locality 
afforded, and their knowledge became more completely rounded 
and filled out than that of the Southern youth. In a word, as the 
education of a community is a communal affair, the education of 
the North enjoyed the advantages to be derived from the co- 
operation and concentration of all the social forces that can be 
brought to bear upon, the subject. That there was no positive 
want of education among the wealthy class in the South, is shown 
by the early foundation of William and Mary College, which 
could not have come into existence, had not the need of higlier 
instruction than what the plantation could give, been felt by a 
class who stood ready to receive it. 

Put there can be no doubt, that, during our colonial existence, 
the love of learning was more general in the North than in the 
South. We have seen the pre-eminence of the schools in Penn- 
sylvania, where the Quakers provided education as soon as they 
were able to furnish shelter for the scholars, and where they set up 
printing-presses to diffuse knowledge, while the forest trees were 
still standing at their doors.' The New Englanders did the same 

^ " It is believed that no one of the States of this Union can exhibit so early, so 
continued, and so successful a cultivation of letters as Pennsylvania. Hardly 



170 CONSTITUTIONAL LIBERTY. 

for their children, with the exception of the printing-press, for 
which they long manifested an aversion.' One of their first en- 
actments was, " that every township, after the Lord hath increased 
them to the number of fifty householders, shall appoint one to 
teach all children to write and read ; and where any town shall 
increase to the number of one hundred families, they shall set up 
a grammar school ; the masters thereof being able to instruct 
youth so far as they may be fitted for the university." ^ This was 
done, " to the end that learning may not be buried in the graves 
of our forefathers," and for the purpose of baffling " that old 
deluder Sathan," who would " keep men from the knowledge of 
the Scriptures."^ It would hardly have been accomplished had 
there not been a thirst for knowledge common to the people, and 
this was the beginning of that communal system of education, 
which, in the last century, caused learning to be more generally 
diffused throughout New England than it was anywhere else. 
Learning, with the New Englanders, was not a distinction, but 
ignorance was a badge of unpardonable inferiority — it was the 
mark of the Beast.* 

Nor was this avidity for knowledge confined to the rudiments 
of education, or to that which simply facilitates the business of 
daily life. One might naturally suppose that those whose business 
was to subdue nature, people solitudes, and found States, would be 
so occupied as to have time for nothing but the performance of 
these duties, and the cultivation of those powers which were es- 
sential to the work in hand. But to the undying honor of these 
people, it must be said, that they sought the object of their cult- 
ure not so much in their newly broken fields as in themselves. 

had the emigrants sheltered themselves in their huts, — the /orest trees were still 
standing at their doors, — when they established schools and a printing-press, to 
teach and to be enlightened; literally inter silvas querere veriim. Within four 
years from the time that our ancestors landed in the wilderness, a printing-press 
was at work in Philadelphia * * * ^nd only a few months after the arrival 
of William Penn, public education was attainable at a small expense." — Whar- 
ton's " Prov. Lit. of Pa.," " Mems. Hist. Socy. of Pa.," i, 100, no. 

- " In the leading colony of New England legal restraints upon printing were 
not entirely removed until about twenty-one years before the Declaration of 
Independence." — Tyler's "Hist, of Am. Lit ," i, 112, 113; Thomas' "Hist, 
of Print, in America," i, 58, 59, etc. 

" " Col. Laws," 74, 186, A. D. 1647 ; I'ildreth, " Hist. U. S,," i, 370, 371 ; 
Bancroft, id., chap. x. 
^Hildreth, id., 370, 371. 
' De Tocqueville, torn., i, chap. xvii. 



YALE AND HARVARD. I7I 

They were content with no provision for the future that did not 
contemplate the highest possible cultivation of their minds. The 
significance of this last step in the plan of public education is not 
lessened by the fact that the colleges were the work of individual 
instead of the common energy. Such has been the history of the 
early universities the world over, and it is so universal that it must 
be accepted as a step of the natural development of culture. The 
individual founds what the State is often glad to assist, and what 
the community always sustains. So it was in the New England 
colonies. In the colony of Massachusetts, John Harvard, who, 
unfortunately, did not live to see the fulness of his work, founded 
the institution, to which his grateful fellow-laborers in the field 
of education gave his name, — an institution which, taking the 
lead, has not had its supremacy in learning disputed from that 
day to this, save by its splendid rival, to whom the learned of 
Connecticut, inspired by the same generous emotion as that which 
stirred the bosoms of those of Massachusetts, gave the name of 
Yale. These two great universities have always borne toward 
each other somewhat the same relation as that existing from, time 
immemorial between Oxford and Cambridge, in England, or, 
rather between those of England and those of Germany. That 
has been pre-eminent in elegance of culture ; the flame of this 
has steadily shed a light which has illuminated the path trodden 
by six generations of seekers after useful and solid learning. 
They have not sought it in vain, and perhaps no institution in 
the world has, in the same duration of time, and from the 
same number of students, given to society so many useful citi- 
zens, and, certainly, none in America has exerted so great an in- 
fluence on the fortunes of the country as Yale. The effect of 
both these universities on the character and manners of the 
Americans is incalculable. Harvard has probably exerted its 
greatest influence on literature ; Yale on public affairs, particularly 
law, the administration of justice, and the administration of gov- 
ernment. Before the year 1765, seven colleges had been estab- 
lished in the British colonies : William and Mary in Virginia ; 
Philadelphia, now the University of Pennsylvania ; the college of 
New Jersey, now Princeton College ; King's in New York, now 
Colurnbia ; Yale, at New Haven ; the University of Rhode 
Island, now Brown University ; and Harvard University, in Cam- 



1/2 CONSTITUTIONAL LIBERTY. 

bridge, Massachusetts. Of these, all but one were north of Mason 
and Dixon's line. South of Virginia the small and greatly dis- 
persed population scarcely warranted the existence of such insti- 
tutions. It was easier and better to send the few aspirants for the 
highest grade of education to the North or to Europe. 

It needs no argument to prove how great the effect of learning 
must have been on those already possessed with the spirit of liberty. 
Learning of itself does not produce freedom, as we see from the 
examples of those people who, though very learned, are yet not free. 
Freedom is the result of race instinct, stimulated by circumstances, 
and mere culture of manners does little to aid it, while, by divert- 
ing vigilance, it may prove to be the means of positive injury. In 
fact, the most cultivated people have often been the least free, and 
the freest nations are, as a rule, the least polite. Freedom, though 
favoring education, has not a softening effect on manners ; exces- 
sive amelioration of manners arouses its sense of insecurity, by 
exciting its instinctive jealousy and dread of enervation. Mere 
book-learning, however, has no such softening effect on manners 
as to tend toward enervation, while, as knowledge, it increases the 
security of freedom. Therefore, freedom favors learning, but 
does not favor culture where manners are more the objects of its 
attention than knowledge. While knowledge, then, cannot of 
itself bring forth freedom, it may be the helping ally to that which 
already exists. It gives those who have it the means of cultivating 
the spirit of liberty intelligently ; it assists them to reason concern- 
ing its nature, broadens the view of it, shows them what it is, en- 
hances its value in their eyes, and a knowledge of how others have 
dealt with it makes it clear to them how to deal with it themselves. 
Above all, by showing how it is lost, how easy it is to lose it, and 
how dreadful are the consequences of its loss, knowledge impresses 
upon them the necessity of preserving their liberties, and stimulates 
the constant exercise of the one sole means of preservation, vigil- 
ance. Of course, the greater the number so instructed, the greater 
the number of guardians, and the more secure is freedom. 

The most marked effect upon the notions of government in the 
Northern colonies, was that by which the common learning relaxed 
the rigid utilitarianism that characterized its application, and in- 
vested this practicab art with an air of theoretical speculation. 
Every thing on the subject of government, the relations between 



THE SCHOOL-SYSTEM FAVORS DEMOCRACY. 1 73 

the ruler and the ruled, and the rights and responsibilities of the 
subject and the citizen, was read with avidity and discussed with 
unflagging interest. The debating societies teemed with such 
subjects, propounded in the form of questions containing an 
alternative, and the clergy, always ready to take part in secular 
affairs, were not slow to put in their oar from the pulpit. The 
consequence was, that when the practical knowledge of the art of 
government displayed by the South was augmented by the famili- 
arity with theory and principle which the North held in reserve, 
the statesmen of the old world were completely dumbfounded at 
the spectacle. They beheld statesmen among people whom they 
had deceived themselves into believing were little better than 
barbarians, and saw institutions where they least expected to find 
them, but where Montesquieu had already told them their own 
had originated, in the woods. 

The concentration of society enabled the New Englanders to 
support a common-school system. That concentration was due, 
as has been said, to the distribution of soil, to the climate, and 
above all, to the constitution and instincts of the class from which 
the population sprung. Society had but one class, that class was 
invested with self-government, and being that which, in England, 
represented the democratic element, was, under the full play of 
action permitted it in America, entirely democratic, and naturally 
made so the colonies it established. They may, in brief, be styled 
the democratic colonies. One effect, then, of this common-school 
system, was the powerful support it contributed to democratic 
notions. Where the child goes to the town school, is put on a 
perfect equality with his comrades, has to compete with him for 
reward, and has to share the same punishment, and this in a com- 
munity where he cannot help seeing that all are alike, and that 
none stand higher than another, unless it be the minister, and he 
only one day out of seven ; when, beside this, he is positively in- 
structed, that all men are equal before God, it naturally results, 
that he grows up with the conviction fixed in his mind, that all 
are really equal, socially as well as politically, even though there be 
lords across the water. The condition of society being dem.ocratic, 
the instruction such society gave was naturally in favor of a de- 
mocracy, which was thus powerfully supported by the schools. In 
this manner, too, they emboldened the spirit of liberty ; for, in a 



174 CONSTITUTIONAL LIBERTY. 

democracy, the existence of liberty is attributed to that democracy, 
and whatever supports that consequently invigorates freedom. 

4. But the education which most affected the spirit of liberty 
in New England was not that of the schools, but of experience. 
The art of government is essentially a practical one, and, though 
it has its theories, it acts only upon solid ground. The tendency 
to abstractions, so characteristic of the New England mind, was, 
as it is still, powerfully counteracted by an institution which is to 
be found in its highest form of development in that part of the 
country. That institution was the township, Avhich was to the 
society of Massachusetts and Connecticut what the family was in 
Maryland, Virginia, and the Carolinas, namely, the unit of social 
organization. There local self-government found its natural habi- 
tation, and one that was all its own ; thence it set forth, and thither 
it returned. 

From the very beginning of New England colonization, the 
township appears as the most prominent feature of political organ- 
ization, and so close does it come to the hearth that it may almost 
be called a division of society, using the term "society" in its 
limited sense of neighborly association. It is the smallest terri- 
torial, autonomic division of the commonwealth, and may be de- 
scribed, in a word, as a neighborhood. Having its limits defined 
by law, being in jurisdiction set off separate and apart from the 
rest of the community, and invested with self-government, it is an 
autonomy, and, as it comes nearest home to the citizen, is con- 
stantly before his eyes, and is, moreover, that which he himself 
governs ; it has a reality of existence which nothing but what 
directly affects the citizen's interests can give, and is the most im- 
portant factor by far of the political distribution of social forces. 
It embodies two things which constitute the very soul of a free 
community — independence and individual authority. The admin- 
istration of the township is perfectly independent of that of the 
State ; its authority within its limits is as absolute, and as a form 
of social organization it ranks higher ; for it possesses to a greater 
degree the elements of vitality, its constitution is as varied and 
more complete, it reaches more interests, it can use the whole 
force of the State to compel the execution of its lawful mandates, 
and when the source of life is destroyed, so great is its vitality, 
that, though the State lie in ruins, the township will yet survive in 



THE TOWNSHIP. 1 75 

full force and vigor. It is the germ which contains the whole of 
social life, and from which grow the other forms of political devel- 
opment. The State is not the mother of the townships, but it is 
the townships or aggregations of neighborhoods which bring forth 
States.' The business of the commonwealth is conducted by 
representatives of the neighborhoods.^ 

From its smallness of size and numbers the township can hardly 
contain any great conflicting ideas, classes, or interests, and the 
work to be performed is almost entirely of an executive nature : 
there is, therefore, no necessity for a purely representative gov- 
ernment, which, moreover, would be too cumbersome and expen- 
sive. The representative and executive forces are consequently 
merged mto one, and the exertion of power thus becomes direct 
and immediate. This power is vested in a body numbering from 
three to a dozen persons, who are styled ''the select-men." These 
are elected by the town meeting, and bear a composite charac- 
ter, for they represent the persons of the voters, and are the 
agents to execute their will. Their duties lie in administering 
the affairs of the township, and these are prescribed by custom, 

^ " In this part of the Union political life had its origin in the townships, and 
it may almost be said that each of them originally formed an independent na- 
tion. When the kings of England afterward asserted their supremacy, they 
were content to assume the central power of the State. They left the townships 
where they were before ; and although they are now subject to the State, they 
were not at first, or were hardly so. They did not receive their powers from 
the central authority, but, on the contrary, they gave up a portion of their inde- 
pendence to the State. This is an important distinction, and one which the 
reader must constantly recollect. The townships are generally subordinate to 
the State only in those interests which I shall term social, as they are common 
to all others. They are independent in all that concerns themselves alone ; and 
amongst the inhabitants of New England, I believe that not a man is to be 
found who would acknowledge that the State has any right to interfere in their 
town affairs." — De Tocqueville, Bowen's Transl., i, chap, v., which see for gen- 
eral view of Townships. Cf. also Goodwin's " Town Officer," the Statutes of 
the New England States, and the " Law Reports " of the same. The charac- 
ter of the township is the least mutable of all forms of polity, and was the same 
in colonial times as it is to-day. " Each settlement at once assumed that town- 
ship authority which has ever formed so marked a feature in the political struct- 
ure of N. E. The people assembled in town meeting, voted taxes for local 
purposes, and chose three, five, or seven of the principal inhabitants, at first 
under other names, but early known as ' select-men,' who had the expenditure 
of this money, and the executive management of town affairs. * * * Each 
town constituted, in fact, a little republic, almost complete in itself." — Hildrelh, 
i, chap. vii. See on the subject of the township the valuable paper of Joel Par- 
ker, entitled " The Origin, Organization, and Influence of the Towns of New 
England," Mass. Hist. Soc, 1866-7. 

^ The government of France sends its agents to the comimine ; m America the 
township sends its agents to the government. — De Tocqueville, id., id. 



i;^ CONSTITUTIONAL LIBERTY. 

enjoined by law, or created by unforeseen emergencies. Tiie 
select-men have also duties that are imposed upon tliem by the 
general statutes of the commonwealth, and which relate to in- 
terests that are common to all the townships concerned ; but 
as in these instances they are constituted the agents of the whole 
community (from motives of public economy and convenience), 
and are thus dehors the township, they do not require our consid- 
eration in such capacities. They enjoy freedom of action, but it 
is universally limited, and they must refer to the source of power 
for authority to do any thing which, for example, would change 
the established order of things, or introduce innovation. The 
people vote as well as pay the taxes, and the select-men under 
their direction expend them. The select-men, likewise, call the 
town meeting, and there receive the instructions which they are 
afterward to fulfil.' They see to the building of schools, the em- 
ployment of teachers, and, having a general supervision of affairs, 
are a little council of governors, whose masters are veritable des- 
pots, holding them to strict accountability, and swift to mete out 
the punishment of removal. Besides the select-men there are nu- 
merous officers. There are assessors to rate the taxes, collectors 
to receive them, a treasurer to keep the funds, and a town-clerk 
who has the custody of the records ; there are constables to keep 
the peace and execute the laws, overseers to look after the poor, 
committee-men to visit -the schools and see that the standard of 

^ As in the South, so in New England, matters were well talked over before 
being broached publicly, and in the large boroughs, if not in the rural districts, 
the "caucus" was early recognized as the preliminary step to the town meeting. 
The following is an extract from the " Diary of John Adams," the entry being 
" Boston, P'ebrur^ry " [1763]. The ensuing extract from " Gordon," is taken 
from a note to the first extract in the " Life and Works of John Adams." " This 
day learned that the Caucus Club meets, at certain times, in the garret of Tom 
Dawes, the adjutant of the Boston regiment. * * * There they choose a 
Moderator, who puts questions to the vote regularly ; and select-men, assessors, 
collectors, wardens, fire-wards, and representatives, are regularly chosen before 
they arc chosen in the town." 

"More than fifty years ago," (from 1774) "Mr. Samuel Adams' father and 
twenty others, one or two from the north end of the town, where all the ship 
business is carried on, used to meet, make a caucus, and lay their plan for in- 
troducing certain persons into places of trust and power. When they had set- 
tled it, they separated, and used each their particular influence within his own cir- 
cle. He and his friends would furnish themselves with ballots, including the 
names of the parties fixed upon, which they distributed on, the days of election. 
liy acting in concert, together with a careful and extensive distribution of hal- 
1 'ts, they generally carried the elections to their own mind. In like manner it 
was, that Mr. Samuel Adams first became a representative for Boston." — " His- 
tory of tlie American Revolution," i, 365, n. 



DECENTRALIZATION OF TOWNSHIP. 1 7/ 

instruction and the attendance of scholars are maintained, path- 
masters to look after the laying-out, making, and repairing of 
roads, firemen, hog-reeves, fence-viewers, timber-measurers, sealers 
of weights and measures, — in short, such a little army, that, in the 
smaller townships, it would seem impossible for any voter to 
escape conscription : and, in fact, hardly does it happen to a re- 
spectable New Englander, anywhere, to pass through life without 
having actually administered township government in some of 
these particulars. 

It must be evident, that the township affords the best field 
known to the Teutonic race for the play of those incentives which 
develop its highest forms of citizenship. In the first place, the 
administration of its affairs concerns the soil, of which the citizen 
is generally an owner, and to which he is always attached, and it 
thus addresses his instincts; secondly, it directly concerns the 
things which affect his daily life, and it thus touches his interests ; 
next, it gratifies his sense of self-esteem, and thus arouses his 
pride ; and, lastly, it gives the opportunities for cultivating popu- 
larity, and thus it develops his ambition. It is not large enough, 
however, to afford scope to the inordinate ambition of the indi- 
vidual, neither is the body of townsmen sufficiently great to 
threaten by combined action the tranquillity of the common- 
wealth, while at the same time the interests of the townships being 
similar, they would readily unite against the encroachment of the 
State. Power is divided at its source, yet it can be readily con- 
centrated for action, and thus the forces of society are decentral- 
ized in their inception, and combined only on what is remote. 
The authority is divided, but the power is concentrated in action. 
There can be no such thing as a despot in the township, for there 
is no consolidation of authority, no hierarchy of office-holders, 
and no personal transmission of power ; and mis-government, can- 
not be enduring, for it can be terminated at the next annual elec- 
tion. It is this instinct of decentralization, or dispersion of force 
and authority, which multiplies the town officers. Liberty is 
timorous and jealous : it eyes askance the consolidation of any 
force that may prove too strong for it, and the presence of any 
power that rivals it is offensive. It is itself a despot, and follows 
the despotic maxim of ruling by dividing. 
^ The township, moreover, is purely a local self-government, in 



178 CONSTITUTIONAL LIBERTY. 

which every citizen has a part. It thus fosters the pride of citi- 
zenship, and stimulates its exercise ; and as the questions to be 
decided, the means to be used, and the objects to be attained, are 
of the most homely and practical sort, practical citizenship is 
developed to a remarkable degree. No matter how many theories 
a New Englander may have on the subject of government, no 
matter how many vagaries he may indulge, or how many abstrac- 
tions he may pore over, the questions, how much he must pay for 
a school-house, whether a new road is needed or not, and where 
the fire-engine is to be housed, are such as come right home to 
his experience and common-sense only, and such as are to be 
answered by common-sense and experience alone. He may be 
the veriest of theorists by his fireside, an enthusiast and a Don 
Quixote in politics, but before he goes to the town-meeting he 
lays all this aside and puts on the armor of common-sense. 

Once there the whole character of the man is changed. He no 
longer dreams of Toboso, no longer tilts at windmills. He revels 
in the prosaic. If he charges at a gang of rogues, it is not to re- 
lease those worthy men, but to set them to breaking stones on the 
highway. The chairman is the only one to whom he looks up, 
and he yields undue consideration to none, unless, in his secret 
heart, he stands in awe of the town-clerk as the power behind the 
throne. His fingers hold the pencil, his features are rigid in the 
absorption of calculation, he scrutinizes every item of the ac- 
counts, he allows, he objects, he resists, he haggles. In one re- 
spect he is unlike the knight and very like the squire, — he sees 
things as they are, and mistakes not the scent of garlic for the 
breath of roses. He goes further. His candor gives way to sus- 
picion, he assumes that mankind are more intelligent than honest, 
and he pauses at every measure, not to weigh its merits, for tliat 
is an after-step, but to be certain that there is no lurking evil. 
His reticence vanishes before a volubility to which the members 
of his family are totally unused, and he talks by the half hour on 
a matter which at home he would settle with ten words. One 
thing he repeats incessantly and with tireless persistence, that, as 
practical men, they must look at the question in a practical way, 
and from a business point of view. When he has talked himself 
out, has satisfied himself as to the accounts, and has voted what 
money he thinks he ought to pay, he returns home, rests himself 



STABILITY OF THE TOWNSHIP. 1 79 

in his easy chair, and resumes his perusal of Malthus " On Popula- 
tion " or Adam Smith's " Wealth of Nations." Thus the township 
corrects his natural tendency to abstractions and makes a practical 
citizen of him : his interests make him an earnest one, and his 
sense of rulership a proud one. It is no wonder that, under such 
an institution, popular sovereignty passed from the ideal to the 
actual, and became a reality, even though a king sat upon tlie 
throne. 

The attachment of the New Englander for his township could 
be surpassed only by that of a Virginian for his homestead. 
What touched the township, touched him. Its citizens were his 
neighbors, connections, relatives, and fellow-rulers. All their 
interests were his, and his were theirs. There it was where 
he was born, brought up, had lived, and there was where 
he expected to die and be buried. There, above all, was 
where his manhood displayed its highest and best form of 
development, and where those rights, which came to him 
from his father, and which it was his determination should go 
down unimpaired to his son, were recognized and respected. 
There was only one thing dearer to him than his township — his 
hearth. The " town " was as ancient as the neighborhood, and 
older than the county ; his great grandson knows that it is much 
older than the State, or the union of the States. Of the political 
divisions of which he was a constituent none had so great a share 
of his veneration as the township. He loved it as men always 
love their homes, but he venerated it for its age. As a neighbor- 
hood with a name and a positive existence, it was more ancient 
than the county, and was old before the settlers had crossed the 
Connecticut. If it was venerable from its age, and beloved for its 
associations, it was none the less respected for its stability. The 
commonwealth had changed, and might change again, but the 
township had not changed and would not change. It had seen 
the oligarchy of the commonwealth pass away and a democracy 
take its place, and yet it remained. It had seen the absolutism of 
the Stuarts come and go, and yet it was the same. What would be 
the outcome of the troubles now existing between the home govern- 
ment and the colonial, he could not tell. The result was doubt- 
ful, society was already turned upside down, but of one thing, 
and one thing only, he was certain : come what might, the town- 



l8o CONSTITUTIONAL LIBERTY. 

ship would endure. All the kings in the world could not destroy 
the neighborhood, unless they tore it up by the roots and flung it 
into the sea ; and that no civilized being would be guilty of. 

It is not surprising, then, that this real world of the New Eng- 
lander, the township, figures so prominently in his life, and that, 
when any great question arose, which affected either his own or 
all the colonies alike, his first thought was, what will " the town " 
do ? This positiveness, this reality of existence, this ever-present 
being, manifests itself constantly in all the laws of the New Eng- 
landers, their writings,^ public and private, and in their conversa- 
tion. Every man is proud of his township, and between the dif- 
ferent neighborhoods there was an honorable rivalry in social 
matters. 

It is impossible not to see that the township imparts a disposi- 
tion to be free, and discloses the art of being free. The love of 
freedom grows by what it feeds upon, and the aliment supplied 
by self-government is as boundless in quantity and variety as 
human action itself. The practical education it gives in the art 
of government is that which comes from experience only. All 
the theorizing and all the book-learning in the world, can no 
more give the education in the art of government supplied by the 
experience of one year's administration of a township, than specu- 
lation and mere learning can supply that whicli is necessary to 
the practice of law or medicine. The distinction between science 
and art is nowhere greater than in government. How to manage 
the affairs of a community can be learned from practice alone. 
As the township teaches this lesson, and as this education is dif- 
fused among the whole body of citizens, it is not too much to say, 
that the New Englanders are, and were, a people accomplished in 
the art of self-government. Now self-government is the direct 
complement of liberty, and, reciprocally, they support each ether. 

' In the letters of Mrs. Adams to her husband, John Adams, when he was at 
Philadelphia, constant mention is made of their town — what " the town " was 
doing, what " the town " contemplated doing, and what the " town spirit " was, 
etc., etc. This " town " was a township, and when it is remembered that it is 
a \\ Oman who speaks, and at a time when a great family affliction, the presence 
of the enemy in Boston, the battle of Bunker Hill, etc., naturally filled the 
correspondence of the day with any thing but what was local, this constant 
reference to "the town " as the one political unit, is strikingly significant. 
Particularly is this the case, when contrasted with the little mention of the 
commonwealth, of which her husband, too, was then Chief Justice. While this 
was almost in ruins, that was more vigorous than ever. 



DEMOCRACY IN THE NORTH. l8l 

They are indissolubly joined together, and, among the free tribes, 
the condition of one denotes the condition of the other. The 
greater the self-government, the greater the Hberty of the citizen, 
and as the former was almost entire in a country where monarchy 
was little more than a figure of speech, and where popular sover- 
eignty was the reality, it follows that the spirit of liberty in New 
England was an exceedingly lofty one. That it was fierce, to use 
again the term employed by Mr. Burke, is natural, when we consider 
how full was the play of action enjoyed by the fierce blood of the 
race, and when we remember its characteristic restiveness under 
restraint, and the delight it takes in leaping all bounds which it 
has not itself set up. 

5. The natural disposition of a people expresses itself in their 
laws, and the laws thus expressed, adapting themselves to the 
needs of circumstance and locality, develop, in their turn, their 
institutions, and impress upon them the popular characteristics. 
Thus, in different localities, different branches of the same people 
display different characteristics, and the pliilosophical mind, at 
the sight of these different effects, naturally seeks their causes. 
In the New England part of the colonies we see no great estates, 
no vast establishments. The people live upon small pieces of 
ground, for the most ]:)art owned by themselves, and the middle 
class predominates over the others in number and importance. 
In the valley of the Hudson, with its Dutch manors, and in the 
Southern colonies, the establishments are great, the estates vast, 
while particularly in the latter, the almost total absence of a great 
middle class is to be noticed. Indeed, as one advances south- 
ward, this class becomes of less and less importance, until in the 
extreme South it fades almost entirely from the sight. Immense 
estates meet the eye, upon which are to be seen but two forms of 
society, the owner and the owned. The former are few in num- 
ber, and are proud, jealous, and arrogant ; while tlie latter are so 
numerous as to comprise the great mass of the population, and 
are timorous, cringing, and servile.' 

At once the distinction forces itself upon the eye, that the con- 
stitution of the Northern society is democratic, that of the South- 
ern aristocratic ; a distinction the history of the country has, ever 
since, emphasized at every step. The causes of this distinction, 

^ Burke's Speech on " Conciliation wiih America." 



l82 CONSTITUTIONAL LIBERTY. 

SO far as the difference in character of the settlers bears upon it, 
have already been considered, but there remains to be shown the 
divergence which the natural expression of these characters, the 
laws, reciprocally produced. This divergence is to be traced, in 
a great measure, to the course of descents and distribution of 
intestate estates, and to the establishment of the legal principle, 
in the greater part of the colonies, that lands were assets for the 
payment of debts.' These rules, though silent in their operation, 
acted as irresistibly upon the structure of society, as the secret 
but evermoving forces of nature act on the fabric of the globe. 

Where the tendency of the colonies was to a democracy, there 
the rule of partible inheritance is' invariably to be found. 
Where, on the contrary, the tendency was to an aristocracy, tliere, 
on the other hand, an adherence to the course of descents at the 
common law is seen. Thus it was, that, in the Northern or 
democratic colonies, where the rule of dividing the inheritance 
equally among the children or next of kin prevailed, a few gener- 
ations saw the large farms parcelled out into small ones, and the 
social equality which the operation of this rule of law brought 
with it, produced -at last that democratic form of government 
which remains to the present day ; while, in the Southern or 
aristocratic colonies, where the estates, already great, still further 
increased under the accumulative effect of the course of descents 
at common law, the social disparity, which this principle brought 
with it, developed those aristocratic features which are still to be 
traced in the constitutions which have succeeded the ancient 
charters." 

Let it not be considered an anomaly, that, in both the North 
ern and Southern colonies, these totally diverse constitutions of 
society united in the endeavor to found a common republic. It is 
not the first time that history records the meeting of extremes in 
a common cause. Indeed, such a concurrence is not unusual, and 
has its explanation in natural and logical causes. The Northern 
or democratic colonies sought, in an independent republic, the 
natural field for the exercise of those principles of social and 
political equaHty which animated them, while the very haughti- 

' Story " On the Constitution," chap, xvii, § lyg, et seq. 

'^ Virginia would not even permit tlie barring of entails by fine and recovery, 
except by special act of the legislature. See Act 1705. 



DISTRIBUTION: LAND AS ASSETS. 1 83 

luess and sense of power which made the Southern colonies chafe 
at the mere display of imperial authority, impelled them to seek 
relief in independence of that restraint, and greater aggrandize- 
ment in a form of government which their assumption of superi- 
ority flattered them they would control. Both, then, desired and 
sought a republic ; the difference between them being, that one 
desired a democratic, the other an aristocratic republic. 

The second powerful incentive to a democratic constitution of 
society, was the disposition to make lands liable for the payment 
of debts. In England, lands were liable only to what in law par- 
lance is called an extait upon an elegit ; whereby a moiety of the 
lands was held by writ until the debt was paid, when it was re- 
leased. But, in a great number of the colonies, lands were liable 
to be set off upon appraisement, or sold for the payment of debts. 
In a country where there was little money but much land, the 
latter was naturally substituted for the former, and hence it was, 
that the principle of making lands assets came to be asserted and 
established even in the administration of decedents' estates. It is 
impossible here to set forth fully the effects of this principle upon 
the structure of American society. These effects may be de- 
scribed, on one hand as moral, and, on the other, as physical. 
The physical effects were, to divide and cut up the land into small 
portions ; to make farms instead of plantations, and to create a 
great middle class. The moral effects were, to impair the Gothic 
reverence for the soil ; to encourage a migratory spirit by detach- 
ing the affection of the people from the land, and to throw the 
balance of power into the hands of the very class this principle 
had itself created. These effects, it may be added, have grown 
in magnitude until the present day, when, by the operation of 
time and the downfall of the aristocratic States, we behold them in 
full possession of the country. The Gothic attachment to the 
soil itself has almost died away, and that mysterious instinct 
which has so often invigorated the fainting energies of the Teu- 
tonic race, seems to have wellnigh disappeared before an impulse 
which finds expression in the judicial assertion, that realty shall 
be as easily transferred as personalty. When to these are added 
the curtailment of entails, the abolition of the iight of primogeni- 
ture, the repugnance to long trusts, and the facilities given to the 
alienation of estates by public registry and simplicity in the form.-j 



I 84 CONSTITUTIONAL LIBERTY. 

of conveyance, it is nt)t surprising, that, in the words of Daniel 
Webster, there " has been a great subdivision of the soil and a 
great equality of condition, — the true basis, most certainly, of a 
popular government." 

We have now completed our consideration of Mr. Burke's six 
capital sources whence the spirit of Liberty in the colonies de- 
rived its intractability or fierceness ; and we have discussed such 
other elements as are allied or of kindred with these, and without 
which their full force could not be appreciated. This considera- 
tion, it has doubtless been observed, has really embraced the 
development of those race or tribal qualities essential to the 
existence of defiant and aggressive liberty among free peoples. 
These qualities are shown to be the same as those in the parent 
stock from which they sprung, but modified by change of 
physical conditions, and enriched by characteristics drawn from 
the soil into which they had been transplanted. We have seen, 
too, that the peculiar circumstances of the colonies developed an 
exceedingly great individuality ; that predisposition to local self- 
government' expanded without let or hindrance ; and that this 
individuality, or sense of personal importance and responsibility 
in matters political, combined with this predisposition, naturally 
tended to render the spirit of liberty bold. We shall yet see, so 
self-reliant had it become, that it was intractable when opposed, 
and, when assailed, fierce. 

Not the least influence toward this result was exerted by a 
cause which, though an indirect one, is of the highest importance, 
and which is next to be considered : a cause which, springing 
from relations to the mother-country created by an artificial sys- 
tem, and securing material prosperity to the colonists, at the 
same time favored the growth of self-government by making it 
the compensation for the enjoyment by the parent of a monopoly 
of colonial trade. Conditions which permitted local self-govern- 
ment to root itself and develop without interference, while they 
were simultaneously strengthening the colonies with wealth, de- 
serve the thoughtful consideration now to be given them. 



CHAPTER VIII. 

The Commercial Relations of the Colonies. 

THE annihilation of French power in America was the sig- 
nal to put in force, with exasperating exaction, those Acts 
of Trade which related to colonial commerce with foreign peo- 
ples alien to the British crown.' The destruction of the French 
power had several important results : the northern colonies were 
relieved from a pressure which had cemented their connection 
with England ; the part their troops had taken had taught them 
their capacity for self-defence, and the immigration that came 
with peace was rapidly augmenting the natural increase of popu- 
lation everywhere.^ As these results of the war made themselves 
felt, the importance of the colonies became greater, the people 

' " It was hard parting with a free open trade to all parts of the world which 
the Massachusetts carried on before the present charter. The principal Acts 
of Parliament were made many years before, but there was no custom-house 
established in the colonies, nor any authority anxious for carrying those acts into 
execution. It was several years after the new charter before they were gener- 
ally observed." Hutch., " Hist. Prov. of Mass. Bay," ed. 1767, ii, 447. The 
first charter was from Charles I. The "present charter," here alluded to, was 
that of William and Mary, 1691. See note, this chapter, /isj/. 

^ " Dans les guerres dont nous venons de parler, les hommes de colonies et 
d' opinions differentes combattirent souvent cote a cote, oubliant a 1' heure du 
peril toute haine ou jalousie anciennes. lis connurent leur force en convoquant 
des assemblies, en levant et en entretenant des troupes. Ne recevant ni secour*, 
ni conseils de I' Angleterre aux moments les plus difficiles, ils apprirent ainsi a 
penser et a agir en dehors de la tutelle de la mere-patrie. Par la connaissance de 
leurs droits, les idees democratiques prirent racine chez eux et ils apirerent a la 
liberte. 

" La maniere dont les officiers anglais se conduisaient envers les troupes col- 
oniales, se moquant ouvertement de la tournure gauche et embarrassee des 
recrues, contribua aussi a affermer 1' union des colons. Beaucoup d' officiers 
americains experimentes avaient ete remplaces par de jeunes subalternes anglais, 
mais cela ne put empecher Washington, Gates, Montgomery, Stark, Arnold, 
Morgan, Putnam, et une foule d' autres, de faire leur education militaire, et 
d' apprendre meme, ainsi qu' ils le montrerent lorsque le temps en fut venu, a 

185 



1 86 CONSTITUTIONAL LIBERTY. 

were emboldened to assert rights heretofore unrecognized, and 
their air of self-rehance strengthened the suspicion, which had 
always existed at home,' that they were ready to demand their in- 
dependence as soon as the natural course of development, now no 
longer to be ignored, would enable them to do so. So long as the 
presence of the French overawed the frontier, so long these col- 
onies were unable to set up for themselves ; but, that compression 
removed, and with their hands strengthened by immigration, the 
danger of insubordination became manifest to England, and she 
determined to forestall such a catastrophe by clipping the wings 
that seemed to her already fluttering for flight. To do this, no 
expedient appeared so effectual as one which would strengthen 
the home government at the same time that it weakened the col- 
onies. Were, however, a law enacted for fhat purpose, its antago- 
nism to colonial interests would be so apparent that resistance 
might be provoked by the very act, and the government might 
thus find on its hands the worst of all evils, a rebellion, which 
would not only withhold what was expected to be gained, but 
which would risk the enjoyment of what was already in posses- 
sion. Nothing, on the contrary, could be more reasonable than 
that existing laws should be enforced, and these, happily, were at 
hand. 

As early as the time of Richard II., in order to foster the crea- 
tion and maintenance of a navy, it had been enacted by Parlia- 
ment, that "none of the king's liege people should ship any mer- 
chandise out of or into the realm, except in the ships of the king's 
ligeance, on pain of forfeiture." This act was afterward re- 
pealed, or became obsolete, and, though one or two attempts were 
made to establish it, it was not until the time of the Common- 
wealth, that the policy of England concerning the carrying-trade 
of the ocean was settled and distinctly proclaimed in what are 
known as the Navigation Acts and the Acts of Trade. These em- 
bodied a policy which had for its object the supremacy of the 
British flag on the high seas, the aggrandizement of the carrying- 

combattre les reguliers anglais." Nolte, " Hist, des Etats-Unis d' Amerique,'' 
chap, xix, 216. 

" The treatment of the provincial officers and soldiers by the British officers 
during that war made the blood boil in my veins," " Life and Works of John 
Adams," ix, 592. 

^ See Appendix D.- 



MARITIME SUPREMACY OF THE DUTCH. 1 87 

trade by England, and the absolute control and direction of the 
commerce of her colonies. The Navigation Acts were intended 
to regulate the commerce of Great Britain with foreign peoples, 
while the Acts of Trade were designed more particularly for the 
regulation of the internal and colonial trade : both together con- 
stituted the system by which England, as a commercial power, 
sought her prosperity 

The discovery of America and the doubling of the Cape of 
Good Hope gave the signal to the great powers to scramble for 
the rest of the globe. The scene presented was like that at the 
loot of a Chinese palace. All had but one object, booty : the 
rights of the weak were disregarded, every one looked out for 
himself, and, even when' so loaded down with spoil as to be in- 
capa'ble of grasping more, each quarrelled with his neighbor about 
what he had. Spain and Portugal, with their inherent greed of 
territory, acquired the greatest share of land, but Holland, whose 
spirit was a commercial one, contented herself with what in the 
end proved to be still more valuable, the trade. The Dutch went 
everywhere, and spurred by the lust of gain, pushed their voy- 
ages into every sea and anchored in every port. Their commerce 
grew so rapidly and to such an extent, that they secured a propor- 
tion of the carrying trade as never before had been concentrated 
in the hands of one people, and soon became to the whole world 
what the Venetians had been to the Mediterranean. Antwerp 
took the place of Venice, and as commerce went on gathering in 
their hands, the Dutch continued to thrive as their neighbors de- 
clined. France had no merchant service worth mentioning. 
Spain and Portugal saw their commerce shrink, not by reason of 
the fierceness of Dutch competition only, but in consequence of 
their overweening disposition toward adventure instead of trade, 
and from the restrictions by which they themselves hampered 
their colonial traffic. The Thames was nearly bare of merchant- 
men, the galleons deserted the Adriatic, whose ports harbored 
nothing greater than feluccas, and from the Scheldt to the Hud- 
son, and from the Hudson to Java and Japan, the lugger j)loughed 
the waves imchallenged. I'o extend her trade, to protect her con- 
voys, to keep what she had, to get more, to expel intruders, and 
to drive off her rivals, Holland created and kept afloat a navy 



1 88 CONSTITUTIONAL LIBERTY. 

which soon became the terror of the seas, not so much for what 
it actually did (for instinct, interest, and circumstance all dis- 
posed the Dutch toward peace), but for what it could do, and 
what the least provocation might incite it to do. All nations in 
this way became tributary to her, and the wealth of Holland rose 
with her tides. 

With those tides it also ebbed. Of all the people that brought 
tribute to this little publican, none approached the receipt of 
customs with so bad a grace as England. Her territory consisted 
of islands, and inasmuch as she could neither come nor go unless 
upon the ocean, she was absolutely dependent upon the waves. 
In them was her sustenance and her wealth, upon them she be- 
held her natural field of action, and there, to say the least, she 
should meet the other maritime powers upon an equality. Yet, 
for generation after generation, she was compelled to sit with 
folded hands and see, passing her very doors, the wealth of the 
world on its way to pay toll to a handful of people who lived in a 
swamp, and whom she could crush could she only have the op- 
portunity. That opportunity, however, rarely presented itself, 
and when it did come, it came at such times and in such shapes 
that she could never take advantage of it. Sometimes it was her 
own dissensions, sometimes her lack of means, sometimes the 
popular indisposition to weaken a Protestant power, but, be it 
what it may, there was always something which prevented her pro- 
fiting by the occasion. In the meantime Holland grew richer and 
richer. At last, when England was rent by civil strife and in a 
predicament so sorry as to render her an object of insult to the 
domineering Dutch ; just at the time when it could be least ex- 
pected of her to rise and resent affront, and when, perhaps, she 
herself did not seriously contemplate such an act, just at that time 
she took the step which henceforth wrought such a wonderful 
change in the destiny of herself and of her rival. In a few years 
the carrying-trade of Holland declined, her magnificent fleet was 
brought to its destruction, the commerce of the world was trans- 
ferred from the Dutch to the English shipping, the supremacy of 
the ocean was shifted from the decks of Van Tromp to those of 
Blake, and England was started upon a career of prosperity which 
at last made her mistress of the seas. 

All this was accomplished by an act of Parliament, which. 



THE NAVIGATION ACT. I89 

passed during the Commonwealth, was re-enacted and continu- 
ously enforced after the Restoration/ It provided simply, that 
thenceforward no goods, the produce of Asia, Africa, or America, 
should be imported into England or exported out of it, but in 
vessels belonging to the people of England, and that no goods, 
the produce or manufacture of any part of Europe, should be 
imported unless in English ships, or ships of the country where 
such goods were produced or manufactured, an(^ that, of these 
English ships, the master and three fourths of the mariners should 
be English, under penalty of forfeiture of ship and cargo. 

This, the old act of Richard II. in spirit, was enlarged and 
strengthened from time to time by others having the same object. 

The effect of these Navigation Acts was, to place the commerce 
of England in English ships, to call back English mariners from 
foreign decks to their own, to give English capital employment in 
English bottoms, and to make England the sole staple, or distribut- 
ing centre, of the colonies. Thus nothing could be brought to 
England by foreigners, except what she herself could not supply, 
and as nothing could go to the colonies unless from or through 
English hands, so neither could any thing be exported thence but 
through the same channel. The absolute control of her colonial 
commerce being taken by England into her own hands, the sup- 
ply of her markets by foreign vessels was cut down to the root, 
and the world was given to understand that what England wished 
of its traffic she would take, but what she could or would not 
have, it might keep. Inasmuch as, at that time, the Dutch were 
almost the sole carriers, they were the ones most to be injured, 
and the English Navigation Act was naturally interpreted by them 
to mean the sheer annihilation of Holland as a great maritime 
power. They therefore struggled hard before submitting to the 
inevitable effect of this legislation, but the English held the line 
firmly, and the prize of maritime supremacy was at last landed 
upon their decks. 

What led the English to take this sudden step after waiting 
motionless so long, is doubtful. Some say that a disposition to 

' The acts passed by the legislature of the Commonwealth were not recog- 
nized as laws after the Restoration, inasmuch as they had not the assent of the 
crown. " Where is Downing's statute? British policy has suppressed all the 
laws of England, from 1648 to 1660. The statute book contains not one 
line." — John Adams, " Life and Works," .x, 330. 



19^ CONSTITUTIONAL LIBERTY. 

punish certain colonies ior lukewarmness toward the Common- 
wealth produced it'; others, the necessity of strengthening the 
fleet to a pitch where it could counteract the efforts of the army 
to dissolve Parliament ° ; and others, again, attribute it to a desire 
to punish the Dutch for harboring the royal family and the dis- 
affected, and to the revengeful spirit of St. John, who more than 
once during his embassy received the attentions of Dutch mobs, 
and to whom the most sensitive reminiscence of his sojourn in 
Holland was that of being thrashed there by the Duke of York, 
afterward James 11/ None of these reasons is sufficient. If it 
were passed in order to punish certain colonies, why did it not 
discriminate between the friendly and the unfriendly, as, for ex- 
ample, between Barbadoes and Connecticut ; or, if it were at all 
intended for punishment, how is it that Massachusetts, friendly 
to the Commonwealth, adopted it of her own motion ? The rea- 
son that it was intended to offset the army by a fleet, fares no 
better ; for, though impending dissolution stared Parliament in 
the' face, it is impossible to suppose that the legislature looked for 
immediate help from a marine which the most favorable con- 
ditions would require years to develop. As for the remaining 
reasons, while they may account for the readiness of individ- 
uals to approve it, they fail to offer motives for public action. 
Anger, resentment and desire for revenge on personal enemies, 
are not causes which usually control the actions of people, 
least of all of one so deliberate as the English, or of one which, 
like them, is governed by interest. If such, however, were the 
motives, why is it that this policy was made definitive and en- 
during under the reigns of those who had been the objects of this 
anger and resentment, and who, moreover, owed Holland grati- 
tude for shelter when proscribed ? We must look to other reasons 
than those given for the origin of the Navigation Act, and we 
naturally turn to the most general motives of national action — 

■^ Eccleston's " Engl. Antiq.," vi, chap, v, sec. 2 ; Hildreth, r,- 355. 

''Green, " Short Hist.," etc., chap. viii. 

^ "The famous Navigation Act * * * arose from a personal affront 
offered to one of our republican ambassadors." Lord Campbell, "Lives of 
the Chief Justices," tit. St. John. Whitelocke, 487, 491; "New Pari. 
Hist.," Ill, 364; Ludlow's " Mems.," 133, 250. But John Adams says, that 
the Act was proposed, under resentment for ill-treatment, too, by George Down- 
ing, a native of New England, who was sent to Holland, as ambasbador, by 
Cromwell. — " Life and Works," x, 329. 



TRUE ORIGIN OF THE NAVIGATION ACT. I9I 

self-interest and necessity. In these, it is conceived, the true 
reasons for this Act are to be found. The cramped powers of 
England struggled to be free, and to develop themselves naturally. 
This could take place only on the field in which nature had 
placed her, but from which she was debarred by the possession 
of Holland. Her first step then was to gain a footing of equality 
on the ground already appropriated by her neighbor; that done, 
the law of competition would do the rest. As every thing de- 
pended solely upon herself, it was to her own resources that she 
had to look, This Act made use of all her forces, and was 
naturally adopted by a power conscious of the necessity of self- 
development, and of the fact, that, unless she was as free upon 
her natural field of action, the ocean, as her rivals, she never 
could develop. The destruction of the Armada, and many a 
naval victory since then, had rightly given the English a firm 
reliance upon their powers to maintain their footing by the force 
of arms, but these same victories had also taught them that the 
force of arms merely will never command substantial trade. This 
is a victory with which force has nothing to do except to render 
sure its fruits, and it is to be achieved only by the wisdom and 
energy which know how to make the most of favorable conditions. 
It was, then, strictly according to natural law, that a maritime 
people conscious of the physical ability to maintain their footing 
upon the waves, should take the second step, and seek to share 
the wealth of the sea by making use of every resource that nature 
and social development had given them. 

It was the clear head of St. John that, enlightened by what he 
observed in Holland, found England's remedy in a policy which, 
while of little benefit to those powers that looked solely to terri- 
tory, brought great gain to those that sought prosperity in trade ; 
and it was the same shrewdness which saw England's opportunity 
in the Parliament's necessities. However, whether smarting under 
resentment or not, St. John penned the statute, Whitelocke had 
it passed,^ and the House of Stuart afterward adopted it. 

Its results far transcended the wildest dreams of Lombard and 
Venetian avarice, or the grandest schemes of Spanish and Portu- 
guese conquest. It not only secured to the people who enacted 
it the greatest share of the world's carrying trade, but, at a stroke, 

'It was passed October 9, 1651. Scobell, ii, 176. 



192 CONSTITUTIONAL LIBERTY. 

it changed the character of the English colonies, and for the first 
time made them available to England. Trade knew its master, 
and at once followed with becoming servility.' But its effects 
reached further than the traffic which was its immediate object. 
It put into the hands of England the means of sustaining itself as 
the greatest of the Protestant powers. Dutch Protestantism had 
been any thing but aggressive, or even propagandist. English 
Protestantism, on the other liand, was of a totally different stamp ; 
it was captious, intolerant, and aggressive, and as soon as it felt 
the support of the greatest naval power, and had the comfort and 
assistance of the greatest merchant-service in existence, it assumed 
a stubborn and dictatorial tone at home, and pushed its way into 
unknown lands abroad, with the force and rudeness o^ ? con- 
queror. Its effect in this respect was immediately seen in the re- 
ligious turbulence which extended from Virginia to Massachusetts. 
Down to the time when this Act was passed, England could hardly 
be said to have absolute control of those who could seek what 
markets they chose. This Act gave her that control by placing 
the fortunes of her colonists entirely in her hands. With such a 
rein they could be driven wherever she would have them. At the 
time the Act was passed, the Independents, the most turbulent, 
radical, aggressive, and violent party and sect that England has 
ever seen, were the dominant party. Just at that instant they 
had not possession of Parliament, but before the Act was felt they 
had every thing. Party and sect being combined in them, every 
thing political which they did savored of religion, and every thing 
religious smacked of politics. It is natural, that being at the time 
the head and front of English Protestantism, such Protestantism 
should reflect the character of its leaders. It did so, and so effec- 
tively that there was not a colony, even the most conservative, 
like Virginia and Maryland, that did not henceforth carry with it 
the marks stamped by this new-born spirit of aggression. Never 
before could England wield over the colonies the influence which 

'See for increase of trade, Eccleston's "Engl. Antiq.," vi, chap. v. He 
tells us that the mercantile shipping in 1688 was nearly double in tonnage what 
it had been in 1666, though the Plague of 1665 and the Great Fire of 1666 must 
have checked the increase. DeWitt's " Interest of Holland" also expressed the 
liveliest apprehensions, in 1669, of the "great navigation " of the English. In 
T676, the East India Company doubled its capital out of the accumulated profits 
I -f sixteen years only, and the stock rose to 245 per cent. See Macpherson's 
' ' Annals of Commerce." 



MONOPOL V. 



193 



a control of their supplies and productions now gave hei : never 
before was Protestantism led by so aggressive a party as the In- 
dependents. It is not to be wondered at, then, that, during this 
period, Protestantism in America took upon itself a character 
whose aggressiveness differed from Jhat of Protestantism in Eng- 
land only as the conditions of the two countries differed. 

Such was its effect upon Protestantism, and especially upon 
Protestantism in America. Its effect upon the commerce of 
England in respect of monopoly was, however, more remarkable : — 
it took monopoly from the hands of individuals and transferred it 
to all the people of Great Britain. It will be observed, that the 
principle was not abrogated nor denied : this remained as firmly 
established as ever. The parties alone were changed, and the 
subjects of the monopoly. Instead of guilds and courtiers, the 
whole people of Great Britain were to be the monopolists ; and 
instead of certain articles, the whole colonial trade was to be 
monopolized. 

The growth of English trade had been injuriously affected by a 
fungus growth of monopolies, which, from time to time, and 
notably during the reign of Elizabeth, had threatened to com- 
pletely sap the vitality of commercial life. It is singular now to 
look back upon the mushroom appearance traffic then presented ; 
and when we consider the extent of the evil and the grievous 
injury it wrought, the patience and long-suffering of the people is 
incredible. "Is bread in?" exclaimed a member of the Com- 
mons in Elizabeth's time, when a monopoly act was presented. 
"Bread ! " echoed the astonished mover of the measure. "Yes." 
retorted the questioner, "for, if it is not, it is the only thing left 
out." The aristocracy demanded monopolies as the readiest 
means of filling the pockets of its needy members ; the monarch 
granted them as the shortest and easiest way of enriching favor- 
ites ; and trade in general insisted on them as inducements to 
remote ventures. The guilds, one and all, true to the instincts of 
corporations, clamored for monopolies. A new trade could not 
be started unless it was fostered by monopoly ; an old one could 
not be sustained without the help of exclusion. There was a 
monopoly in hides, another in wool, another in salt ; in gold 
thread, in silver thread, in flax, in hemp. Competition was dis- 
couraged, and no one dreamed of disputing the prerogative of 



394 CONSTITUTIONAL LIBERTY. 

the crown to grant as privileges what are now regarded as of 
common right. All that was done by way of correction was, 
to clip off or pinch the twigs ; no one dared to lay the axe 
to the root. At times those who had \o do the paying would 
shear down this parasitic growth, but nevertheless thef poison 
of monopoly still remained in the bone and marrow of 
trade. 

In all this the Navigation Act effected a great change. When, 
under its influence, the greatest share of the carrying-trade betook 
itself to English ships, and the whole colonial traffic was poured 
upon English wharves, trade began to assume a different aspect 
in the eyes of British merchants. What was the colonial trade 
but monopoly on a scale hitherto undreamed of? Here were the 
exports and imports of numbers of far-off countries concentrated 
under the control of a single people. It was monopoly on a 
gigantic scale, beside which the monopoly of separate articles, 
like hides or hemp, shrunk into insignificance. Moreover, the 
wealth that flowed into the country by this system was so great, 
that the necessity for the former system no longer pressed 
heavily, and besides, the people at large being benefited in com- 
mon now began to look with jealous eye upon the monopolies 
which favored individuals at the expense of the community. 
Hence the old system made way for the new. First the monopo- 
lies in favor of courtiers dropped off, then the guilds began to 
lose their character of pure monopolists, and, finally, nothing of 
the old system remained but a few survivors who claimed a right 
to exist by the force of vested rights. Even these came to an 
end, and the new system was in full possession of the field. 
Monopol}^ as a principle, was seemingly as strong and as vigorous 
as ever, but, evidently, it had submitted to a change — it liad 
passed from individuals to the people at large, and this change is 
extremely significant. 

To the Act of Navigation is due this great change in monopoly, 
whereby the demand and the supply of a score of active cornmu- 
nities were placed under the control of one people. To this Act, 
therefore, is due the changed relations of the colonies to the 
mother-country. Henceforth they were regarded mainly as feeders 
to its carrying-trade, as consumers of its manufactures, as factories 
for the distribution of its capital, and, in a word, as mere com- 



LEGISLA TION CONCERNING TRADE. I95 

mercial appendages of what was now the great comnierci il power. 
Dominion became subordinate to trade.' 

I. — The Legislation concerning Trade and Naingation. 

That such was the effect upon the relations of the British 
colonies toward the mother-country, is disclosed by a brief con- 
sideration of the imperial legislation which followed the Act of 
Navigation, and of the treatises having the colonial trade for their 
subjects, written from time to time by Englishmen, after the pas- 
sage of the Act, and before the passage of the Stamp Act. From 
both these sources we can clearly discern the view taken of the 
colonies by the government and the commercial world of England, 
and as clearly ascertain the spirit which animated the intercourse 
of the mother-country with her offspring, and which inspired the 
enactments of Parliament and the writings of political economists. 

a. The Three Acts. 

Beginning, then, with the re-enactment of the Navigation Act 
after the Restoration, we find that the new system which is to 
regulate colonial trade and define the relations of the colonies to 
the parent, is contained in three Acts of Parliament.'^ First., in the 
re-enactment itself of the Act of Navigation in 1660 ; secondly, in 
an act, passed in 1663, entitled " an Act for the encouragement of 
trade"; and, thirdly., in an act, passed ini672, and entitled "an 
Act for the encouragement of the Greenland and Eastland fisheries, 
and for the better securing the plantation trade." 

In these three acts is to be found the system. Many others 
sprung from these and followed them, but as they only enlarge, 
extend, or render more effective the acts mentioned, they may be 
regarded merely as modifications, in one form or another, of the 

^ "A great empire has been established for the sole purpose of raising up a 
nation of customers who should be obliged to buy from the shops of our 
different producers all the goods with which those could supply them." — Adam 
Smith, " Inquiry into the Nature and Causes of the Wealth of Nations," ii, 517. 

" Si cette nation envoyait au loin des colonies, ellele feraitplus pour etendre son 
commerce que sa domination." — Montesquieu, "Esprit des Lois," liv. xix, 
chap. 27. 

^Stat. 12, Car. II., c. 18 ; stat. 15, Car. II., c. 7 ; stat. 25, Car. II., c. 7. 
For these acts, see Appendix E. 

"Let me, however, say in my own name, if any vian tvishes to investigate 
tho7-oughly the causes, feelings, and principles of the Revohition, he imist study 
this Act of Navigation, and the Acts of Trade, as a philosopher, a politiciati, 
and a philantkropist."—^'' Life and Works of John Adams," x, 320. 



196 CONSTITUTIONAL LIBERTY. 

already established system. To this supplementary legislation the 
term Acts of Trade may be appropriately confined, though all 
are frequently comprehended under the generic name, Acts of 
Trade and Navigation. The three acts which created the system, 
were all passed in the reign of Charles II.; the others followed 
rapidly, and in great numbers, for a century, until they were 
checked by the attempt to transform this system of trade into 
a system of trade and revenue, by means of what is known as the 
Stamp Act, shortly after which they terminated with the downfall 
of the British dominion in thirteen of the colonies 

St. John's Navigation Act was re-enacted in 1660, under 
Charles II., as the first-fruits of the Restoration. This act for- 
bade importation into or exportation out of the colonies, save 
what came and went in English ships, and its object was, to shut 
the doors of the colonies against foreign trade. 

In 1663 another step was taken, and an act was passed with the 
object, openly avowed in its fifth section, of keeping the colonies 
in " a firmer dependence " upon England, and of making that 
kingdom the staple, or place of distribution, not only of colonial 
produce, " but also of the commodities of otJier countries and 
places, for the supplying of theniy To effect this, the Act of 1663 
went beyond that of 1660, and exacted, that no supplies should 
be imported into any colony, except what had been actually shipped 
in an English port, and carried "directly thence " to the importing 
colony. This act forced the colonists to get what supplies they 
could not themselves furnish in England only, and thus not only 
could none but Englishmen transport merchandise to and from 
the colonies, but the colonists were not suffered to go anywhere 
but to England for what they could not get at home. If, for in- 
stance, any thing were exported from Rhode Island to France, or 
from France to Rhode Island, it could not go directly from one 
of these countries to the other, but, come from which it might, it 
had first to be landed on an English wharf, and to pay toll to 
English trade and English revenue. The goods were stopped in 
transitu, and the transaction was shorn of any characteristic be- 
longing to traffic between France and Rhode Island, and forced 
to assume, first, one of trade between France and England, and 
then one of trade between England and Rhode Island, or vice 
versa. Come from what quarter it might, it was prerequisite to 



AN ACUTE ANGLE IN TRADE. igj 

any exchange whatever of productions, that England should be 
the go-between or factor. 

This position of factor between the colonies and foreign mar- 
kets was a lucrative one. But the spirit of trade is such, that it 
regards much as only a stepping-stone to more, and the next 
enactment concerning colonial trade, or that of 1672, betrays this 
characteristic. The existing factorage was maintained only be- 
tween the colonial and foreign trade ; it had no place in inter- 
colonial traffic, and there was nothing to prevent Rhode Island 
from transporting her produce to the Carolinas, or the Carolinas 
from laying down their produce in Rhode Island. Of this 
traffic the colonies took advantage, and their coasting trade grew 
rapidly in importance. From her situation, her resources, and 
the peculiar aptitude of her people for this trade, New England 
took the leadership, and was rapidly becoming toward the other 
colonies what England had already become to the world, the 
common carrier. As this intercolonial trade developed, it at- 
tracted the observation of the English merchants, who at last 
demanded the control of it. In compliance with this demand, an 
act was passed in 1672 subjecting any enumerated commodity 
(such commodity being, of course, one she could herself supply) 
to a duty equivalent to that imposed on the consumption of it in 
England — and thus was destroyed the freedom, and, to a great 
extent, the incentive of intercolonial traffic. This act was well 
entitled " an Act for the encouragement of the Greenland and 
Eastland fisheries, and for ^/le betto' securing the plantation traiM^ 
History is'silent respecting the fisheries, but it has been very out- 
spoken concerning its effect on the plantations. The effect was 
this : if Rhode Island wished to be supplied by Massachusetts 
with fish, for example, and Massachusetts desired to furnish 
Rhode Island with that commodity, the delivery of the goods 
could not be made by the producer to the consumer, but the fish 
would first have to be sent to England, and landed there, and 
then be sent back from England to Rhode Island before the con- 
sumer could touch them. A line drawn from Boston, in Massa- 
chusetts, to Bristol, in England, and thence back to Newport, in 
Rhode Island, will show the course which a barrel of fish must 
take, if sold by Massachusetts to Rhode Island, before the de- 
mands of English commerce were satisfied ; it will in all proba- 



198 CONSTITUTIONAL LIBERTY. 

bility likewise show the least angle with the longest sides ever 
subtended on the chart of trade. Should, however, the parties to 
the transaction desire to avoid the risk and delay incident to this 
phenomenal voyage, they could do so by paying England the 
difference between the cost incurred in delivering the goods by 
the base of the triangle, and that incurred in delivering them by 
the two sides. Without this there could be no such thing as 
Rhode Island buying directly of Massachusetts, or of Massachu- 
setts selling directly to Rhode Island. In this problem the value 
of the angle was made entirely dependent on the length of the 
sides ; and ihe longer, the better.' 

b. The System embodied in the Three Acts. 

Such were the provisions of the Three Acts enacted in the reign 
of Charles II., and which acquired the name of The Restrictive 
System. It was purely a system of trade, and as such was ac- 
cepted by the colonists without cavil, who found no fault with 
it until the design of diverting it from trade to revenue became 
manifest. A great deal has been said of its being dead letter, 
and there is no question of its being muqh and systematically 
evaded, particularly by the generation that resisted the Stamp 
Act ; but the constant references to it here an-d abroad, and the 
continued legislation respecting it by Parliament, show clearly 
that it maintained its position effectively, and that, botli in 
America and in England, it was regarded as the very foundation 
u^on which colonial social life was built. That its integrity was 
so little impaired as to render it, a century after its adoption, the 
means whereby the administration of George III. sought its ends, 
and that during its whole existence it determined the relations 
existing between England and America, are reasons sufficient for 
here making it the subject of earnest consideration. One thing 
is certain — without a knowledge of this system and the effects 
it produced, the relations between the mother-country and the 
colonies cannot be explained, nor the American Revolution be 
accounted for. 

' " Shall none visit the sea-coast for fishing? " said Coke in 1624. " This is 
tO' make a monopol^'upon the seas, which are wont to be free. If you alone are 
to pack and dry fish, you attempt a monopoly of the wind and the sun." " Deb. 
of Commons," i. The monopoly James I. refused Was thus accomplished by 
;he Navigation Act. 



THE RESTRICTIVE SYSTEM. 1 99 

The system created by the Three Acts was actually this : of 
the two parties which it immediately concerned, one was the sole 
Manufacturer for the other, who was not even permitted to make 
a hob-naii for itseif ; this sole manufacturer was also the sole 
Carrier for the other ; and this sole carrier was likewise the sole 
Middieman between this other and the world. 

Trade never ran in more restricted channels, and obviously 
monopoly was the mother of this invention. There was, first, a 
monopoly of the manufactures required by the colonists ; sec- 
ondly, a monopoly of their exports and imports ; and, thirdly, a 
monopoly of their transportation. The old English notion of 
monoply pervades the entire scheme, and it is seen that this is the 
controlling principle which made the system of colonial trade 
regulation such as to deserve the name of The Restrictive System. 
At first blush we are struck with the apparent selfishness and 
injustice of a spirit which fostered communities who were to 
exist solely for the benefit of others ; but our wonder becomes 
amazement when we behold these communities satisfied with their 
lot, and so content with it that they defend it as eagerly, though 
not altogether for the same reasons, as the English themselves do ; 
and, in fact, begin to decry it only when they suspect that it may 
be diverted from the purposes of iis creation. Some great cause 
must exist for such placid contentment and satisfaction ; there 
must be a valuable consideration somewhere for what seems so 
one-sided a bargain. What is it ? The answer discloses the whole 
social and political constitution of American colonial life, and we 
now turn to its consideration. 

Briefly, the answer is, that there is compensation ; and that this 
compensation is of twofold nature. First, there is a pecuniary or 
fiiaterial compensation., and, secondly, there is a political or moral 
compensation. 

I. — The PECUNIARY OR MATERIAL COMPENSATION derived by the 
colonies from the Restrictive System created by the Acts of Naviga- 
tion and Trade, 

Notwithstanding the existing system of commercial restriction, 
our ancestors who sought America after the establishment of this 
system, sought it with the hope of gain. Their steady develop- 
ment of internal and external trade, the continued inflow of Eng- 



200 CONSTITUTIONAL LIBERTY. 

lish capital, the rapid and great accumulation of wealth, and the 
universal prosperity which characterized the colonies, prove that 
the hope was not delusive and that there was an incentive which 
had not failed them. 

In the first place, the conditions of colonial life ensured that 
freedom of personal action and those rights of property, without 
which material prosperity is impossible anywhere, no matter how 
favorable the remaining conditions, but with which trade will 
thrive even in the face of meddlesome regulation and restriction. 
These elements of safety and stability are to be found, first, in 
the Charters, which guaranteed personal rights as well as bestowed 
franchises ; and, second, in the open and avowed policy of the 
home government, that it was not to the interest of the mother- 
country that any relations should exist between her and her 
colonies, save those of a purely commercial character on the one 
hand, and of simple crown dependencies on the other. Where 
there were no charters, the absence of these guaranties was sup- 
plied, as has been seen,' by the terms of the commissions issued to 
the royal governors ; a custom to which time lent the force of 
solemn grants under the great seal. Thus grants, custom, and the 
self-interest of the strong party to the contract, assured safe and 
quiet enjoyment to the party that was weak in a manner than 
which nothing could be better in the eyes of commerce. In a 
political aspect, this assurance lacked only constitutional guaranty 
to make it perfect. While, therefore, the energies of the Ameri- 
can were restricted by this system to two things, trade and agri- 
culture, there was no restraint placed upon him within those 
pursuits, other than that imposed upon the members of all well- 
ordered societies, and he could enjoy the fruits of his labor in 
perfect security. 

Looking at him in the commercial character with which this 
system invested him, it is to be observed that he found his great- 
est benefit in this very factorage which the Acts of Navigation 
created. 

The emigrants who streamed to America, though not paupers, 
were not capitalists. They were of the classes which, in respect 
of birth, were below the highest ; in respect of means were below 
the rich ; but which, in respect of position, were above the lowest. 

^ See p. 39. 



MATERIAL COMPENSATION FOR RESTRICTION. 20I 

They came with the avowed object of bettering their condition, 
of getting in America the ready money they lacked in England, 
and of establishing in a new country the positions and fortunes 
the old was powerless to create, and for which, indeed, society 
there afforded no room. To get money, however, money or credit 
is requisite, and where could these be obtained outside of Britain 
and the British possessions ? The Dutch, who, alone of foreign 
nations, had capital sufficient for the cultivation of so vast a desert, 
could not be expected, without enormous insurance, to part with 
what, once gone into foreign hands beyond the Atlantic, was also 
beyond the reach of recall ; and the other peoples of Europe were 
so deficient in available funds, or so little commercial in disposi- 
tion, as to render recourse to them out of the question. In tlie 
English, on the contrary, all the qualities and conditions for de- 
veloping the new country united. They had the capital ; they 
had an incentive for loaning it, in the enormous gain the expand- 
ing commerce of a continent would be sure to yield ; and they 
had the dominion and the power to maintain the security of their 
outlay. These people naturally became the money-lenders to the 
Americans, who, in return, became to the English in reality, as 
they generally were in name, their factors as well as their cus- 
tomers. 

It was on English capital that the Americans traded, navigated, 
cultivated, and reaped their crops ; with it life and activity filled 
their coasts, but without it their seaboards and their valleys would 
have remained solitudes. 

Being factors, they shared in the profits of the ventures ; they 
became rich along with the English,, and, so long as their right to 
partition in the common profits was acknowledged, so long as 
their existence as part and parcel of the system was recognized, 
this system, so far from being considered an unmitigated evil, was 
regarded as something highly advantageous. To factors there 
could be nothing objectionable in investing the colonies with the 
attributes of factories. 

While it must be constantly borne in mind that it was this 
political and actual control of America which caused the outflow 
of loanable capital to be abundant and unintermitting, and that it 
was this outflow which attracted an immigration naturally com- 
mercial in character, it must be observed, too, that the muldform 



202 CONSTITUTIONAL LIBERTY.- 

interests of to-day had no existence in those times, and that, con> 
sequently, there was not the material to be raised in opposition to 
the system then as there would be now. Trade and agriculture 
were the only features of colonial business, and in the Southern 
colonies these were so blended together, that, so far as commerce 
was concerned, they may be regarded as one and the same thing : 
the planter sold his crop directly to England, and to him were 
consigned the manufactured articles in return, which he himself 
distributed among the consumers. There was no mining, and 
but little manufacture ; trade absorbed nearly every thing, and, 
the interests of the colonies being thus commercial, their placidity 
under such restrictions, as that on manufactures, for example, is 
readily accounted for. So long as this restraint conduced to the 
advantage of the commercial monopoly of which they shared the 
gain, they were not only content, but satisfied : when, however, 
the grasp of the lion in this partnership was laid on their share, 
the instinct of self-preservation, uniting with the avidity for fur- 
thur trade in what they were loath to part with, called forth a 
resistance which proved as effectual as it was prompt. 

Thus it will be seen, that the colonists were compensated in 
actual wealth, for what, at this distance, looks like a shocking 
want of commercial freedom. As thiS privation was acquiesced in 
by those who voluntarily placed themselves under it ; was ac- 
cepted by those born and bred on the soil, as they accepted the 
air they breathed and the bread they ate ; and was actually advo- 
cated by those who shared the gain it brought, it must be ad- 
mitted, that, to a certain extent, it existed more in appearance 
than in reality — particularly as, in reliance on the Charters, 
there was widespread disregard of the Acts,^ and as the sys- 
tematic evasion of these Acts was always winked at by those 
capitalists in England, who, when embarking their capital in 
colonial commerce, saw to it, that the restrictions intended for 

^ " Notwithstanding the acts of Parliament for regulating and restraining the 
plantation trade, a constant trade was carried on with foreign countries for con- 
traband and enumerated commodities. This gave great offence. There was 
no custom house. The Governor was the Naval Officer * * * and being an- 
nually elected by the people was the more easily disposed to comply with popu- 
lar opinions. It seems to have been a general opinion that all acts of Parlia- 
ment had no other force, than what they derived from acts made by ihe General 
Court to establish or confirm them." Hutch. " Hist, of Prov. of Mass. Bay." 
ii, 4. In this last sentence we have the reason for the enactment of the Navi- 
gation Act by the General Court or Legislature of Massachusetts. 



POLITICAL COMPENSATION FOR RESTRICTION. 20$ 

Others should not come home to themselves. Indeed, it may be 
asserted, that the monopoly existed more in the system's princi- 
ple than in its practice. That oppression cannot be said to be 
intolerable which is sanctioned by the indifference or acquies- 
cence of the oppressed, nor that restriction destructive to pros- 
perity under which poor and feeble communities became in a 
century marvels of thrift in the eyes of old Europe.^ The colo- 
nies were compensated, and, in fact, were compensated so well, 
that, until interruption of that compensation was threatened, not 
a thought of revolt entered their minds. 

2. — The POLITICAL OR MORAL COMPENSATION eiijoyed by the colo- 
nies in return for the restriction upon their commerce. 

Were this compensation, however, merely pecuniary, it is hardly 
to be conceived that it had been deemed sufficient : but there was 
added one quite as effective, one which gratified the highest 
aspirations of manhood and of citizenship, and which was a 
political compensation. The colonists were self-governed. When 
we consider that the same people who ruled themselves in 
America would have had no place in the actual government of 
Great Britain ; that they would have been represented by men in 
whose election they would have taken no part ; that they wouid 
have been directly ruled by a crown whose awful distance from 
them would have intensified their sensibility of having no share 
whatever in the administration ; that the revenue derived from 
their taxation would have been disbursed by those who sought 
not their counsel and who were beyond their control ; that the 
defence of their homes even would have been made without their 
acting any other part than that of him to whom it is said go, and 
he goeth, come, and he cometh, and that, in short, they would 
have had no vote nor voice in public affairs ; to such a people — 
especially when it is remembered, that, as Britons, a love of self- 
government was their natural, tribal characteristic — to such a 
people, the exercise of self-government must have proved a very 

* Nothing in the history of mankind is like their progress. For my part, I 
never cast an eye on tlieir flourishing commerce, and their cultivated and com- 
modious life, but they seem to me rather ancient nations grown to perfection 
tlirough a long series of fortunate events, and a train of successful industry, 
accumulating wealth in many centuries, than the colonies of yesterday." Burke, 
" Speech on American Taxation." 



204 CONSTITUTIONAL LIBERTY. 

blessing, and a compensation far outweighing any mere restriction 
ci traffic. That it was so esteemed by them appears at every 
jurn. 

This political compensation was not the result of remoteness 
merely from the seat of government : it sprung from their nature 
as commercial dependencies. Of course from the very constitu- 
tion of a simply commercial, non-political connection, no such 
thing as American representation in the imperial Parliament could 
occur. But then, on the other hand, neither did those responsi- 
bilities and burdens exist which a strictly political connection 
would exact. For example, while the colonists, as subjects owing 
allegiance, could demand protection of the mother-country against 
that country's enemies, that country could not directly exact 
revenue for the protection already compensated for by allegiance, 
nor levy troops in a colony against a power unprovoked by a 
dependency. These consequences flowed from the fact, that the 
colonies were not part of the realm of England, nor of the other 
realms embraced in the 'Act of Union, but were mere dependen- 
cies of the crowu to which they owed personal allegiance. Under 
this system the crown owed them protection from attack, come 
from what quarter it might ; but the colonists owed the crown 
the defence only of their colony — they could not be ordered across 
seas, as in a war against France or Spain, and in case a colony 
did go beyond its borders, in an offensive campaign, as when 
the New Englanders attacked Nova Scotia, it was entirely from 
its own volition, and was regarded by the imperial government as 
an aid to the king, which was to be reimbursed and satisfied from 
the royal treasury. Thus from their nature as simple crown de- 
pendencies, they were exempt from the most oppressive service 
incident to society, while the operation of the fundamental maxim, 
no taxation without representation, preserved them from even 
being called upon to commute that service by the payment of 
money. No wonder a revolt marked the termination of such 
halcyon days, and no wonder that colonial opinion rejected the 
notion of representation in the imperial Parliament, even were it 
practicable. 

Their internal affairs being thus left to their own management, 
their legislatures were chosen by themselves from their own peo- 
ple. These assemblies had the common good for their object, 



HALCYON DA YS, 205 

and they amply sufficed the purposes of their creation. The 
judiciary, though appointed by the crown, was of their own selec- 
tion, and no courts except those of the land were open to their 
conviction. In every thing, too, which concerned the daily life 
of their neighborhoods, they were lords. Moreover, no standing 
army was quartered upon them, nor were they burdened with the 
qare of a navy. They paid no taxes to the empire, they were con- 
strained to no service save that of the common defence, and thus, 
without imperial taxation, without the care of an army and navy, 
yet under the protection of both, filling their own jury boxes, 
masters of their own affairs, and in the enjoyment of rapidly 
accumulating wealth, having, in fact, the advantages without the 
burdens of Britons, they basked in the sunshine of political free- 
dom, and revelled in plenty such as has rarely been vouchsafed to 
human kind. 

Add to this the gratification the colonist felt in conducing to 
the welfare and glory of the splendid empire of which he was a 
part, and it will be seen, that, as far as his interests were con- 
cerned, his bargain was any thing but a hard one. 

We have now seen in what lay the colonist's compensation for 
commercial restriction. He was compensated, first, in the actual 
pecuniary profits resulting from the loan of English capital this 
very restriction placed in his hands ; next, in the greater political 
freedom he enjoyed here than what could possibly be his in Eng- 
land ; again, in exemption from imperial taxation and service ; 
and lastly, in the gratification his pride of blood received at the 
sight of the increase in power, wealth and honor, which his hands 
had brought to his race. 

II. — The Treatises having the colonial trade for their subject, and 
the significance of them. 

There was nothing to disturb the enjoyment of this happy con- 
dition but the fear of those changes to which even the most stable 
of human devices are liable. Legislation and policy, though the 
practice of generations, may be changed by the force of the public 
opinion, that created them., and this is itself in a state of constant 
change. We must look, therefore, to the expressions of public 
opinion, wherever we can find them, in order to ascertain the 



206 CONSTirUTIONAL LIBERTY. 

spirit which actuates a people, and for the signs of the changes 
that come over it. Nowhere are these to be found more clearly 
and with greater significance than in those writings which, taking 
such facts for their texts as existing systems and statistics, argue in 
favor of a new state of affairs, or, at least, a modification of the 
old. They express the spirit and designs of the far-reaching and 
earnest men who direct public opinion, and in an age when, Par- 
liament being closed, the projects of such could reacli the popular 
mind only through the printed page, the treatises they put forth 
are of the greatest importance to us. It will be well, then, to ob- 
serve the drift of public opinion in England respecting the nature 
and uses of the colonies, as it is disclosed in the peculiar litera- 
ture to which the Restrictive System gave birth. 

The expansion of trade produced by the Navigation Act 
brought to the light in England the science to which the name of 
Political Economy has been given. Forthwith had risen two 
theories, one of which was designated as the Mercantile, the other 
as the Manufacturing system. The first was founded on the as- 
sumption that nothing but gold and silver was wealth, and there- 
fore, that the test of prosperity is whether trade brings more money 
into the country than it takes out. If more, then trade is pros- 
perous ; and the degree of prosperity is measured by the answer 
to tlie question, How much more ? The other theory, which may 
also be called the Monopoly theory, assumed that trade is pros- 
perous only when it can be made profitable ; and that when it is 
not profitable, it should be made so by means of exclusive privi- 
leges in favor of the seller. The first class of economists recog- 
nized the consumer as a factor in the problem to be solved ; the 
second was blind to his existence ; for, whereas the former took 
trade as it found it, the latter said : We leave trade different from 
what we found it, and where there is no trade we force one. 

From these two crude theories have arisen the great schools of 
Free Trade and Protection, which, to-day, the world over, are 
dividing administrative political economy into two parties. 

The early English writers upon this subject were Thomas Mun, 
Sir Josiah Child, Sir William Petty, Charles Davenant, Joshua 
Gee, John Ashley, and others of less note, all of whom display 
the spirit of the English commercial classes toward colonies in 
general in discussions more or less extended. Their conclusions, 



EARLY POLITICAL ECONOMISTS. 20/ 

according to John Adams, may be summed up in the one prin- 
ciple : that earth, air, and sea, all colonies, and all weaker nations 
were to be made subservient to the growth of the British navy 
and marine, which, in turn, were to be instruments for the en- 
largement of British wealth, British commerce, British power, and 
British domination, as much so as all nations and things were, in 
time past, to be sacrificed to the grandeur of Rome.^ 

It is natural, with the record of their country's prosperity being 
the record of monopoly, and with the East India Company in a 
flourishing condition then before their eyes, that the Act of Navi- 
gation should appear the best, as it was the latest, monument to 
British thrift and foresight, and that these men should look at 
trade and human rights from the standpoint of monopolists. 
Such is the case. 

Child's work was written about the year 1677, when strict exe- 
cution of the Act of Navigation was being urged and insisted 
upon, and only a year after the stock of the East India Company 
had been doubled. He had two objects in view: the defence and 
eulogy of corporate monopoly, and the defence and eulogy of na- 
tional monopoly. In short, he wrote for the purpose of defend- 
ing the East India Company, and of urging the enforcement of 
the Act of Navigation. In doing so he treats of the relations 
existing between the mother-country and her colonies in general, 
and also of those between the government and the colonies which 
he specifically mentions. No writer displays a greater apprecia- 
tion of the Navigation Act than Sir Josiah, nor a clearer com- 
prehension of its scope and design. He discloses with perfect 
sincerity the motives which actuated England in adopting this 
measure, and as, at the same time, he exposes with ingenuous 
simplicity the view taken of the colonies and the colonists by the 
commercial classes of England, his work may be safely accepted as 
truthfully exhibiting the spirit and designs of those classes, at the 
time when the benefits of the new system were making themselves 
felt, and when the merits of the colonies as dominions had already 
made way for their value as feeders of trade. 

The title of this work is, " A New Discourse of Trade " ; its 
fourth chapter is " Concerning the Act of Navigation," and itij 
tenth "Concerning Plantations." In this latter chapter the knight 

' " Life and Works," x, 330, 340. 



208 CONSTITUTIONAL LIBERTY. 

lays down as a fundamental proposition, that "all colonies and 
plantations do endamage their mother kingdoms, whereof the 
trades of such plantations are not confined by severe laws, and 
good executions of those laws, to the mother kingdom." The 
minor premise, "that New England is the most prejudicial planta- 
tion to the kingdom of England," follows on the next page, and 
the seqidtur is left to the inference of the reader. How that in- 
ference was supplied by the New Englanders, may be seen from 
the one attributed to James Otis by John Adams : " And those 
views, designs, and objects were, to annul all the New England 
charters, and they were but three, Massachusetts, Rhode Island, 
and Connecticut ; to reduce all the colonies to royal governments, 
to subject them all to the supreme domination of Parliament, who 
were to tax us without limitation, who would tax us whenever the 
crown would recommend it, which crown would recommend it 
whenever the ministry for the time being should please, and which 
ministry would please as often as the West India planters and 
North American governors, crown ofificers, and naval commanders, 
should solicit more fees, salaries, penalties, and forfeitures."' 

That this inference was justifiable, so far as the reduction of 
the New England colonies to the condition of mere Parliamentary 
dependencies is concerned, appears from the work itself. In 
his chapter "Concerning Plantations," Childs institutes the in- 
quiry, what kind of people they were that transported themselves 
to the colonies. The answer is not flattering to the family pride 
of the Aratricans. New England, he says, owed its population 
to " a sort of people called Puritans " who, wearied with church 
censures and persecutions, would in any event have deserted their 
country, and would have gone to Holland and Germany had there 
not been a New England found for them. As for Virginia and 
Barbadoes, they were peopled at first by a sort of loose, vagrant 
people, vicious and destitute of means to live at home, gathered 
up about the streets ot London or other places, and who, had 
there been no English foreign plantation in the world, could prob- 
ably never have lived at home, but must have come to be hanged, 
or starved, or died untimely of those miserable diseases that pro- 
ceed from want and vice, or have sold themselves as soldiers to 
be knocked on the head, or, at best, by begging or stealing two 

^ " Life and Works of John Adams," x, 330. 



SIJ? yOSIAH CHILD. 20g 

shillings and sixpence, have made their way to Holland to become 
servants to the Dutch, "who refuse none." These colonists, 
worthy of the chain-gang, the galleys, or of Botany Bay, were re- 
inforced during the Parliamentary war by the worsted party who 
"wanted means to maintain them all abroad with his Majesty," 
and great numbers of Scotch soldiers after Worcester fight. " An- 
other great swarm " followed " when, the former prevailing party 
being by a divine hand of Providence brought under, the army 
disbanded." " The constant supply," continues Child, "that the 
said plantations have since had, hath been such vagrant, loose 
people as I have before mentioned, picked up especially about 
the streets of London and Westminster, and malefactors con- 
demned for crimes, for which, by the law, they deserved to die ; 
and some of those people called Quakers, banished for meeting on 
pretence of religious worship. 

" Now, if from the premises it be duly considered what kind of 
persons those have been, by whom our plantations have at all 
times been replenished, I suppose it will appear, that such they 
have been, and under such circumstances, that if his Majesty had 
had no foreign plantations, to which they might have resorted, 
England, however, must have lost them." 

The knight certainly renders it very plain, if the truth of his 
premises be granted, that the plantations were chiefly instrumental 
in saving to English society flocks of jailbirds, who, like the 
Don's " honest and worthy gentlemen," were on the road to the 
gallows ; but he does not make it appear so clearly why England 
should emulate the moral obliquity of her outcasts by treating 
them as they had already treated their fellows. His effort to do 
so involves him in a labyrinthine tangle of logic, at which the 
colonists might well have afforded to smile, had it not been made 
the basis of legislation so adverse to their interests and their rights 
as to render serious what otherwise would have been accounted 
merely fantastic. The following is his style of ratiocination, and, 
as the after enactments of Parliament showed, that, too, of Eng- 
land. 

Having noticed the colonies of Virginia and Barbadoes in the 
manner we have just seen, he thus proceeds : " I am now to 
write of a people whose frugality, industry, and temperance, and 
the happiness of whose laws and institutions, do promise to them- 



2IO CONSTITUTIONAL LIBERTY. 

selves long life, with a wonderful increase of people, riches, and 
power ; and although no men ought to envy that virtue and wis- 
dom in others, which themselves either cannot or will not prac- 
tise, but rather to commend and admire it, yet I think it is the 
duty of every good man primarily to respect the welfare of his 
native country. And, therefore, though I may offend some whom 
I would not willingly displease, I cannot omit, in the progress of 
this discourse, to take notice of some particulars, wherein Old 
England suffers diminution by the growth of those colonies set- 
tled in New England, and how that plantation differs from those 
more southerly, with respect to the gain or loss of this kingdom ; 
— namely": i. All the American plantations, except New Eng- 
land, produced commodities of different natures from those of 
England, whereas New England produced generally the same. 
These also took some fiish, which was prejudicial to the English 
Newfoundland trade ; they traded their produce with the British 
West Indian colonies " to the diminution of the vent of those com- 
modities from this kingdom ; the great expanse whereof in our 
West India plantations would soon be found in the advance of 
the value of our lands in England, were it not for the vast and 
almost incredible supplies those colonies have from New Eng- 
land.' 2. The people of New Yrci^^xvCi, by virtue of their primi- 
tive charters'^ being not so strictly tied to the observation of the 
laws of this kingdom, do sometimes assume a liberty of trading 
contrary to the act of navigation, by reason whereof many of our 
American commodities, especially tobacco and sugar, are trans- 
ported in New England shipping, directly into Spain and other 

^ How tenacious this notion was in the English mind, is shown by its incor- 
poration into the preamble of the Act of lo and ii W. III., c. x. The idea, 
that colonial industry meant depression of English real estate, was almost 
ineradicable. 

^ The passages in these charters operative hereon are recited in that of Wil- 
liam and Mary, 1691, as follows: — "Whereas King James J. * * * did 
grant to the Council at Plymouth, for the planting and governing of New Eng- 
land, all that part of America, from the 40th to the 4Sth degree of latitude, and 
from sea to sea, together with all lands, waters, fishings, and all and singular 
other commodities, jurisdictions, royalties, privileges, franchises and pre-emi- 
nences, both within the said tract of land upon the main, and also within the 
islands and seas adjoining, to have and hold all * * * yielding to the king 
a fif ill part of the ore of gold and silver, for and i}t respect of all and all manner 
of duties, demands, and services whatsoever." By this charter, Massachusetts, 
New Plymouth, the Province of Maine and Nova Scotia were united in one 
province. A proviso withheld the erection of any colonial court of admiralty, 
l>ut detailed at large the fishing rights. 



CHILD'S POSTULA TES. 2 1 1 

foreign countries, without being landed in Eiigland, or paying any 
duty to his Majesty, which is not only loss to the king, and a preju- 
dice to the navigation of Old England, but also a total exclusion 
of the Old English merchant ixonx the vent of those commodities 
in those ports where the New English vessels trade, because there 
being no custom paid on those commodities in New England, 
and a great custom paid upon them in Old England, it must, 
necessarily follow that the New English merchant will be able to 
afford his commodity much cheaper at the market than the Old 
English merchant ; and those that can sell cheapest, will infallibly 
engross the whole trade, sooner or later. 3. Of all the American 
plantations, his Majesty hath none so apt for the building of ship- 
ping as New England, nor none comparably so qualified for 
breeding of seamen, not only by reason of the natural industry of 
that people, but principally by reason of their cod and mackerel 
fisheries ; and, in my poor opinion, there is nothing more prejudi- 
cial, and i7i prospect more dangerous to any mother kingdom, than 
the ijicrcase of shipping in her colonies, plantations, and provinces. 

" To conclude this chapter and to do right to that most indus- 
trious English colony, I must confess, that though we lose by 
their unlimited trade with our foreign plantations, yet we are 
very great gainers by their direct trade to and from Old England ; 
our yearly exportations of English manufactures, malt, and other 
goods, from hence thithef, amounting, in my opinion, to ten times ^ 
the value of what is imported from thence ; which calculation I 
do not make at random, but upon mature consideration, and, per- 
adventure, upon as much experience in this very trade as any 
other person will pretend to ; and, therefore, whenever a refor- 
mation of our correspondency in trade with that people shall be 
thought on, it will, in my poor judgment, require great tenderness 
and very serious circumspection." 

Thus the knight, who, as the mouth-piece of the classes which, 
even then, under the operation of the Navigation Act, had risen 
to the control of the legislation of Parliament and the policy of 
the government, gives us plainly to understand what the disposi- 

' Nearly a century later, Burke said: " Are not these schemists well apprised, 
that the colonists, particularly those of the Northern provinces, import from 
Great Britain, ten times more than they send in return to us ? " " Observ. on 
the Present State of the Nation." 



212 ^CONSTITUTIONAL LIBERTY. 

tion of those classes toward the colonies is. It is true that no 
hint of the colonies as sources of revenue is given, and that the 
light in which they are placed is purely a commercial one. He 
has a grievance, and this grievance is, that there still remains to 
the colonies some direct trade with foreign nations, which Eng- 
land has not secured. His efforts are directed solely to answer- 
ing the double question : How shall this be prevented, and Eng- 
land make all that there is to be made out of her dependencies ? 
and so long as the discussion is kept subordinate to this question, 
and the spirit which prompts it is confined within bounds which 
do not encroach upon personal rights, the colonists need be ap- 
prehensive of few evil results. But an argument which makes the 
alleged debased origin of a people and the present good qualities 
of that people equally detrimental to the welfare of those from 
whom they sprung is so singularly illogical as to arouse the sus- 
picion that it contains a hidden meaning. That there may be no 
mistake as to the conclusions, an analysis of this argument is 
here presented. It is as follows : — 

Competition injures us ; New England offers competition ; 
therefore. Old England suffers diminution by the growth of New 
England. 

The people of New England undersell us in the British West 
Indies ; by this underselling there is a diminution of the vent at 
home : therefore. New England must be prevented from selling. 

By virtue of their charters, the New Englanders sell to Spain, 
which is a foreign nation, without paying tribute to the Old 
British merchant ; from the force of circumstances the New 
England merchant sells to foreign nations cheaper than the Old 
British merchant can : therefore, take from the New Englander 
this advantage by making him pay the Old British merchant, un- 
der the Navigation Act and in spite of the charters, the difference 
between their prices. 

So far, it must be conceded that the inexorable logic of trade 
supports Sir Josiah, and that he strictly pursues it. His position, 
indeed, is nothing more than this — by the Navigation Act and 
the legislation supplementary to it, England has converted her 
colonies into communities of consumers of English manufactures. 
This she has a right to do, and, now that she has done it, any 
other character than this her interest cannot permit them to 



CARTHAGO DELENDA EST. 21 3 

1 

assume. She alone of the British family is to trade with her colo- 
nies and the world, and any competition with her on the part of 
any member of the family, shall not be tolerated.' 

With this position, which is strictly a logical result of the Act 
of Navigation, the colonies could find little fault. It does not en- 
croach upon their rights as dominions, and it leaves their charac- 
ter as commercial dependencies as they themselves had accepted 
it ; only more strictly defined, and that is all. Unfortunately, 
however, Child goes further, and puts forth two propositions, in 
one of which, it may be said, he sets up virtue against itself, and 
in the other, leaves open to inference the possibility of the colo- 
nies being deprived of any other character than that of bare do- 
minions. His disregard of charters as barriers to the advance of 
trade must already have struck the observer, but, to complete the 
analysis, the following are the two propositions here alluded to : — 

Frugality, temperance, and industry strengthen a competitor ; 
New England is a com.petitor having these virtues : therefore, " a 
reformation of our correspondency in trade with that people [is 
to be] thought on." 

No plantations are so apt for ship-building and breeding of sea- 
men as New England ; nothing is more prejudicial to a mother- 
kingdom than a ship-building and seamen-breeding plantation : 
therefore — what ? Destroy these plantations, if necessary ? The 
knight left his sequitur open, but Otis seemed to think this infer- 
ence a natural one ; though the most charitable deduction would 
be, the repression, by some means or other, of New England's 
ship-building and marine. 

These propositions go too far ; and one of them, at least, steps 
beyond the proper limits of the subject to enter a field dangerous 
to public morality. Assuredly that spirit is subject to condemna- 
tion which makes the virtues of frugality, temperance, and in- 

* " Trade is our object with them, and they should be encouraged. * * * 
If they will not be subject to the laws of this country ; especially if they would 
withdraw themselves from the laws of trade and navigation, of whicli I see too 
many symptoms, as much of an American as I am, they have not a more de- 
termined opposer than they will find in me. They must be subordinate. In 
all laws relating to trade and navigation especially, this is the mother country, 
they are the children ; they must obey and we prescribe. It is necessary ; for 
in these cases between two countries so circumstanced as these two are, there 
must be obedience, there must be dependence. And if you do not make laws 
for them, let me tell you, my lords, they do, they will, they must make laws for 
YOU." Lord Chatham in 1770. 



214 CONSl'ITUTIONAL LIBERTY. 

dustry, reasons for changing the relations of the offspring with its 
parent in a manner detrimental to the former ; and it is not say- 
ing too much, that the mind that can see in honest thrift and pros- 
perity elements hostile to the well-being of the family to which 
their possessors belong, is already prepared to view with calm- 
ness the extinction of this thrift and prosperity. If New Eng- 
land was to be crippled for being frugal, temperate, and indus- 
trious, are we to conclude that the other colonies, who are repre- 
sented as vicious, should be encouraged in prodigality, debauch- 
ery and lazmess ? Virtue is thus set up against herself. 

It is not within the purpose of this work to discuss the prin- 
ciples expounded in Child's treatise, nor to criticize theories, many 
of which time and experience have long since buried out of sight. 
We have only to extract from its pages the drift of public opinion 
disclosed by them, the disposition toward the colonies entertained 
by the commercial classes of England, the designs of these classes 
upon colonial trade, and the spirit which animated the imperial 
legislature in its treatment of colonial affairs. By doing so, we 
do what the observing colonist did : we note the same evidences 
of change in public opinion which struck him, and, by subjecting 
ourselves to the impressions he received, we render clear what 
otherwise might appear doubtful in the measures he adopted for 
the security of his interests. 

When, then, we observe persistent defamation of the colonists, 
and the suggestion that their territories be made receptacles of 
the outcast of British society'; when we behold virtues them- 
selves made use of as reasons for repressing colonial prosperity ; 
and when we see contemptuous disregard of the charters, we 
have seen enough to warrant the conclusion that the treatise was 
not written in a spirit friendly to the colonies, but that it dis- 
closed designs as threatening to the stability of their institutions 
as they were to their trade. In short, we are brought to the un- 
welcome conclusion, that, under the effect of the Navigation Act, 
the colonies already existed for no other purpose, in the eyes of 
Englishmen, than as conveniences whose well-being depended solely 
upon the manner in which they effected the purposes of commerce, 
— a conclusion which hands over colonial prosperity to the doubt- 

' This work advocated the enforced emigration of paupers and convicts to the 
coioniesi 



JOSHUA GEE. 21$ 

ful chances of a trade over which it has no direction, and colonial 
institutions to the mercy of men whose notions of freedom are 
measured by the effect it produces upon the balances of their 
accounts. 

The colonists did not exaggerate the importance of Child's dis- 
course. His position as an East India Company director war- 
ranted the inference that the sentiments he uttered were those of 
the monopolists and of the trading classes. They certainly must 
have been those of the government ; for, to mark approval of 
them, Child was knighted the year after the publication of his 
book, and henceforth all doubt was dissipated by Parliamentary 
enactments conforming to his assertion — that colonies endamaged 
the mother-country, unless their trade was " confined by severe 
laws and good execution of those laws." 

Child's book has the merit of giving the public the first expo- 
sition it had of the Restrictive System, of which the Navigation 
Act was the foundation ; its mischief lay in the acrimonious dis- 
position it bears toward the colonies, in inoculating the commercial 
classes with the notion that the colonies were feeders to British 
commerce and nothing more, and in spreading throughout all 
ranks an indifference to, if not a contempt of, colonial rights. 
Being the first work of the kind that appeared, it had the unfortu- 
nate effect of setting the note which those who came after were 
to take up and prolong. It gave direction to the drift of public 
opinion, which was to find expression in the works of Gee and 
Ashley. It did not, however, consider the colonies in any other 
light than that of commerce. 

The next generation produced y^os/ma Gee, the man upon whom 
fell Child's mantle. Sir Josiah's fondest hopes had been more 
than realized by the Acts of Trade and Navigation, and the 
righteousness of the Restrictive System had been demonstrated 
by success. The country had become wealthy. Gee thought 
nothing could be more natural and appropriate than the 
"principles" of Child, and he warmly coincided with him in 
his view of colonial population ; for he quotes with appro- 
bation the latter's scurrility concerning the people of Vir- 
ginia and Barbadoes. This book, which was entitled : " The 
Trade and Navigation of Great Britain Considered," ^ takes up 

' Fourth Edition, London, 1738, 



2l6 CONSTITUTIONAL LIBERTY, 

the thread v/here Child dropped it, and pursues the same course. 
Gee is the disciple, and Child the master ; but Gee outruns his 
leader in one respect, and has thereby attained the notoriety of 
being the first author of repute who considered the colonies 
sotcrces of revenue as well as of private gain. This is a step for- 
ward, and since the importance of it cannot be exaggerated, it 
may be well at this point to set forth the reasons why such im- 
portance is so great. 

Under the influence of the Act of Navigation, as we have seen, 
the colonies had had added to their condition or character of 
doininions that of communities for the consumption of British manu- 
factures and the feeding of British trade. It was in this twofold 
character that they now stood before the world, and this character 
had been fully accepted by them as the true one. As the Restric- 
tive System expanded and filled the field of trade, its augmenting 
importance dwarfed every thing with which it was contrasted. 
For the nurture and expansion of this system Parliament sat, and 
armies and fleets marched and sailed, and England itself assumed 
a commercial character such as no other people, but the Vene- 
tians and the Dutch, had ever taken upon themselves. Every 
thing was regarded from the standpoint of trade, and it is not 
surprising that in the eyes of a people who subordinated the 
energies of their own government to the requirements of thrift, 
the political character of their dependencies should be lost in 
their commercial character ; that their quality of dominions served 
no other purpose than to make them more subsidiary to the uses 
of trade, and that, indeed, the colonies were factories and nothing 
more. We have also seen, however, that, though this notion 
might possess the English people, it could not, from the nature 
of things, be altogether true ; and that the view taken of colonial 
relations and colonial constitution by the colonists themselves, 
gave the first and all-important place to their character of do- 
minions. In fact, there had grown up in the colonies a positive, 
free, local self-government which had every element of stability 
in it save one — the element of constitutional guaranty. This 
local self-government, we have further seen, had been a very 
great inducement to colonization, and was regarded by the col- 
onists as the most important compensation they had for the re- 
striction of their trade. It was deemed by them amply sufficient, 



FACTORIES AND DOMINIONS. 21/ 

and of such value, indeed, that, upon any question arising be- 
tween these characters, further restriction was at once accepted 
as the price for the continuance of the right to govern them- 
selves. 

It will be observed, that between the character of factory and 
the character of self-governing dominion there is so great a dif- 
ference that they have really nothing in common. The latter was 
dependent upon the former in the same way that the compensa- 
tion depends upon the thing to be compensated for ; the colo- 
nist's freedom as a citizen depended upon his subjection as a 
trader, inasmuch as this was the price he paid for that, and that 
was the compensation he received for this. Nothing, however, in 
the two characters was of the same nature. They were absolutely 
separate and distinct, and one was purely economical while the 
other was purely political. Now, imposts for revenue is taxation, 
and taxation is a thing political. It is an essential of direct 
government, and, where not imposed by a people upon itself, ad- 
mits a right in a superior to exact it of an inferior. Such an 
admission once made, the character of dominion would be at an 
end ; for the term dominion implies autonomy, and autonomy 
has no existence where one people is governed by another, as is 
the case where taxation is ordained by others than those from 
whom it is to be collected.' Not one of the thirteen colonies was 
attached to either of the three realms of England, Scotland, or 
Ireland, for whom, under the Act of Union, the British Parliament 
made laws : their legislation, therefore, had to be enacted by 
themselves, and this was being their own masters. Any attempt, 
therefore, to make the colonies sources of revenue was an invasion 

' " The Commons of America, represented in their several assemblies, have 
ever been in possession of the exercise of tills, their constitutional right, of giving 
and granting their own money. They would have been slaves if they had not 
enjoyed it. At the same time, this kingdom, as the supreme governing and 
legislative power, has always bound the colonies by her laws, by her regula- 
tions and restrictions in trade, in navigation, in manufactures, in every thing, 
except that of taking their money out of their pockets without their consent. 
Here I would draw the line. Quam nlira citraque neqnit consistere rectu7n" — 
Pitt " On Stamp Act." Polit. Deb. 7. 

" we may bind their ii-ade, confine their ■„iumifactiii-es, and exercise 

every /i5>OT(?;' whatsoever, except that of taking their money out of their pockets 
without their consent." — Ibid., 18. 

" The authority of Parliament was allowed to be valid in all laws, except such 
as should lay internal taxes. It was never disputed in laying duties to regu- 
late commerce." — Benjamin Franklin, " Ex. Com. on Repeal of Stamp Act." 



2l8 CONSTITUTIONAL LIBERTY. 

of their political condition and an attempt upon theii existence 
as dominions ; and the destruction of this character would in- 
volve the destruction of their right to local self-government, a 
right which, they maintained, was theirs by the force of circum- 
stance and solemn grant, and one now confirmed by the operation 
of time and by the uninterrupted recognition of the grantor. 

The mere facts, that the colonists assumed such a right, and 
that any proposition to consider their provinces as sources of 
revenue touched the vitality of their autonomy, are enough to ex- 
plain their alarm at the bare suggestion of such a thing. 

This alarming proposition is the one made by Joshua Gee, and 
the colonists would have been blind indeed, if they had not ac- 
cepted it as evidence of a disposition on the part of public opinion 
in England to take an aggressive attitude toward the colonies. 
As the government had shown its approval of Child's principles 
by knighting the author, so this work received the marked testi- 
mdny of its appreciation ; for, when the second attempt to force 
a revenue system upon the colonies was made, and the govern- 
ment was ransacking archives and libraries for justification, a 
second edition was put into the market, bearing the timely date 
of 1767. If, as it was openly asserted at the time, this was done 
by certain friends and members of the administration, the con- 
clusion is a strong one, that the government had at least adopted 
Gee's suggestion, if it had not, in the first instance, inspired it. 

Any doubts of the suggestion being acceptable to the British 
public are sought to be dispelled by the editor, who informs us 
that " this valuable treatise has for many years been scarce, 
though strongly recommended by the best judges and writers on 
trade." That " the principles upon which it was written continue 
with little variation," there is hardly need of asserting. The eager- 
ness with which the public caught at the suggestion, betrayed its 
readiness to make it an accomplished fact, and the multiplication 
of the Acts of Trade and the occupation of every foot of colonial 
ground by their provisions, showed that Parliament was ready to 
burst through the bounds set by its own Act of Navigation. 
Since then there had been nothing done to counteract the poison, 
and the conclusion is forcible, that the principles upon which this 
book was written had continued with little variation to affect pub- 
lic opinion. 



f JOHN ASHLEY. 219 

Thus these two writers betray the spirit which actuated the 
British public in its dealings with the colonies, and foreshadow the 
great change which was at last attempted by the Stamp Act. This 
spirit shows itself persistent and aggressive, and never more so 
than in the writings of 'jFohn Ashley. 

This writer came to the front during the reign of George II., in a 
work entitled " Memoirs and Considerations concerning the Trade 
and Revenues of the British Colonies in America, with Proposals 
for rendering those Colonies more Beneficial to Great Britain." 
It will not fail to catch the notice of the reader that the word 
Revenue is here boldly connected with the word Trade ; its con- 
nection with the latter part of this ominous title conveys a still 
more sinister disposition. The great point, in fact, in Ashley's treat- 
ise is the advisability of colonial taxation foi- 7'eve?iue, and he dwells 
with ungracious energy upon the manner and the means by which 
it can be effected.' He is not one of those who sit down and cry 
out for Hercules to come and help' them. He disdains the en- 
tangled logic of Child, and accepting that master's ipse-dixits as 
proven^ busies himself only with their application. For him, as 
with Sir Josiah, charters are no barriers to the enforcement of Par- 
liamentary enactments, and statutes being all-sufficient, there is 
nothing to be done but to execute them. 

Here, in the literature bearing upon this subject from 1677 to 
1767, a period of ninety years, we have the feelings and motives 
which actuated three generations of Englishmen, and the princi- 
ples which governed them in their dealings with their colonies. In 
a word, we find disclosed in the writings of the times the public 
opinion of England respecting the nature of the colonies and their 
relations to the mother-country ; and we find them, too, set forth 
in such a way that there can be no mistaking the drift of that 
opinion. There can be no exaggeration, then, in saying that the 
sentiment which slighted the justly acquired franchises of genera- 
tions and the sanctity of charters, was not friendly to the political 
constitution of the American dependencies.^ 

' ?>&& fost. 

^ " If any man of the present age can read these authors and not feel his 
feelings, manners, and principles shocked and insulted, I know not of what 
stuff he is made. All I can say is, that I read them all in my youth, and that I 
never read one of them without being set on fire." — John Adams, " Life and 
Works," X, 336. And see " The Political and Commercial Works of Charles 
Davenant," ii, Discourse 3, "On the Plantation Trade." 



220 CONSTITUTIONAL LIBERTY. 

It is not to be expected that the policy of mother-countries 
toward their colonies should be generous, but only that it should 
be just. In order to ensure that justice, and to define the relations 
existing between the parties with clearness and distinctness, are 
two great reasons why charters are given by the parent state to 
its offspring. These charters define the rights secured thereby 
to the colonists, and they bind the mother-country to observe 
them. As it is the interest of the latter to extend her possessions, 
the franchises are construed as inducements to emigration, which, 
it is therefore presumed, would not occur without them. Hence 
it is that, although the enlargement of the kingdom's bounds and 
the enhancement of its welfare are natural obligations under which 
the subject rests, the learned consider the charters to be contracts, 
notwithstanding no such naked contract can be technically said to 
exist between the sovereign and the subject.' Practically, how- 

^ a. " This pretended grant is but an acknowledgment of your antecedent right 
by nature and English liberty. You have no power or authority to alienate it. 
It was granted, or rather acknowledged, to your successors and posterity as well 
as to you, and any cessions you could make would be null and void in the sight 
of God and all reasonable men." — " Life and Works of John Adams," x, 355. 

b. " Although the crown might not have a right to grant such exclusive privi- 
leges, yet the grants having once been made, and the colonists having settled 
upon the faith of them, they doubtless thereby acquire a sanction and an au- 
thority which nothing but the most urgent Necessity can justly alter. Though 
wrongly given, they are rightly established, and it would be much more wrong 
to take them away." — " A Short View of the New England Colonies," by 
Israel Mauduit, 4th ed., 7, Mauduit wrote in defence of the government's 
conduct toward Massachusetts : his testimony, therefore, to the contract nature 
of the charters, being in spite of his feelings, acquires extraordinary weight. 

c. " I think it is plain, if the crown resumes the charters, it will take away th( 
whole it gave, and deprive the patentees of the only recompense they were to havt 
for their toil and fatigue, which they thought to have conveyed safe to their pos- 
terity. Could they have imagined this, could they have foreseen that their priv- 
ileges were such transitory things as to last no longer than their work should be 
done and their settlement completed, they had never engaged in so hazardous and 
difficult an enterprise. They would never have departed from their native land, 
being neither criminals nor necessitous ; and those countries which have since 
added so much to the wealth and greatness of the crown, might have been a barren 
wilderness to this day ; or what is worse, and more probable, might have been 
filled with French colonies, whereby France would have reigned sole mistress of 
North America." — Dummer's " Defence of the New England Charters," 20, 21. 

d. " The original contract between the king and the first planters there, was a 
royal promise in behalf of the nation, and which till lately it was never questioned 
but the king had a power to make, that, if the adventurers would at their own 
cost and charge, and at the hazard of their lives and every thing dear to them, 
purchase a new world, subdue a wilderness, and thereby enlarge the king's 
dominions, they and their posterity should enjoy all the rights, liberties, and 
privileges of his Majesty's natural born subjects within tlie reahn." — Extract 
from a " Letter of the House of Representatives of Mass. Bay to their Agent, 
Dennys de Berdt." 4, 5. Lond. 1770, 



MOTIVE OF COLONIAL REGULATION, 221 

ever, they are so far contracts that even men Hke Child admitted 
their existence as such, and one would naturally expect from an 
element so dependent upon contracts as trade is, some respect for 
them. Not a trace of it, however, is to be found in the works dis- 
cussed ; and it is only too apparent that the British merchant, for 
whose interest the Restrictive System was created, looked upon a 
colony with no more humane feeling than that with which Le 
Sage's grandee looked upon Mexico. 

Before proceeding to the legislation of Parliament, to which our 
next steps should naturally incline us, it may be well, at this point, 
to revert to the system which has already been unveiled by the 
enactments and the treatises just discussed, and draw therefrom 
some further considerations, especially such as affect the colonial 
relations with the mother-country and the policy it imposed upon 
the government. 

The growth, then, of English commerce and the encouragement 
of English manufacture, was the avowed object of the colonial 
policy of Great Britain. The whole aim and scope of her legisla- 
tion, as it was the first and last aim of her government, was to make 
the colonies feeders to British trade. It was for this, that, coeval 
with the re-enactment of the Navigation Act, a Board of Trade for 
the colonies was established, and it was for this that the Acts of 
Trade followed thick and fast ; and so emphatically was this the 
end and being of the colonies, that Lord Chatham, than whom 
none knew better the commercial nature and policy of Great 
Britain, declared in Parliament, that^ were he to have his way, he 
would not permit them to manufacture so much as a hob-nail. 

Trade being the motive, the Act of Navigation was the corner- 
stone upon which was built the whole policy of Great Britain 
toward her colonies. Indeed, it may be said, that the policy con- 
sisted in nothing else than what would give effect to this enact- 

e. " The American charters are of a higher nature, and stand on a better 
foot, than the corporations in England. For these latter were granted on im- 
provements already made, and therefore were acts of mere grace and favor in 
the crown ; whereas the former were given as premiums for services to be \Ter- 
formed, and therefore are to be considered as grants upon a vakiable considera- 
tion, which adds weight and strength to their title. To increase the nation's 
commerce and enlarge her dominions, must be allowed a work of no little merit, 
if we consider the hardships to which the adventurers were exposed ; or the 
expense in making their settlements ; or, lastly, the great advantages thence 
accruing to the crown and nation." — Dummer's "Defence," etc., II, 12. 



222 CONSTITUTIONAL LIBERTY. 

ment, and that it was contained in the simple term, the Restrictive 
System. This system was purely artificial. It contemplated that 
all American products were to go to England in the first state, or 
raw, and that nothing was to return thence but what was in the 
last state, or finished. This was the controlling principle which 
made the entire system of colonial regulation restrictive. The 
government was not slow in reflecting popular desire, and the 
cabinets, seeking popularity where it could easiest be found, 
were, one after another, so possessed with the rage for regulation, 
that it would seem as if no minister could come into office or go 
out of it, without adding something to the existing restriction. 
This principle of commercial monopoly, says Edmund Burke, runs 
through no less than twenty-nine acts of Parliament, during the 
period which, beginning in 1660, terminated in the unhappy year 
of 1764' : the period heretofore referred to as the one in which 
monopoly had passed from private hands to the public, from cour- 
tiers to the people. 

Whatever the motive, then, which founded these colonies, the 
enlargement of English trade and manufacture was what changed 
the relations of the colonies to the mother-country and imposed a 
new character upon them ; and it was this, too, which directed 
the imperial policy in the control of them. Massachusetts may 
have owed its existence to motives purely religious, Georgia to 
those purely humane, Rhode Island and Pennsylvania to those 
both religious and humane ; nevertheless, be the sentiments that 
brought them into life what they may, those sentiments were con- 
fined entirely within the bosoms of their founders and the mem- 
bers of the colonies. They had no place anywhere else ; they 
had no force to increase or decrease their political credit with 
their rulers ; they were not such as relaxed their duty of alle- 
giance, nor such as entitled them to the greater regard of the 
crown ; and, in brief, they were not such political forces as should 
modify in any respect the natural relations existing between all 
colonies alike and the parent. By their natural submission to 
parental control and their dependence on the imperial power for 
protection, the colonists admitted to the world their existence 
as English colonies, their territories to be parts of the British 
empire, and themselves to be British subjects. This done, ac- 

^ " Speech on American Taxation." 



RESTRICTION NOT CENSURABLE. 223 

quiescence to British rule became a duty which could not be 
absolved by mere whim or caprice, or by the simple fact that 
it had become onerous. Nothing but a violation by the parent 
of the original compact could justify a revolt, — a violation such 
as making the Restrictive System so exacting as to render life 
burdensome, or threatening the vitality of the local self-govern- 
ment. In either of these cases the consideration of the contract 
would be destroyed, and the resistance of the injured party 
even to revolt would be justified. But, before that stage is 
reached, it must be conceded, that the parent has a right, nay, 
that it is her solemn duty to regard her interests as the chief ob- 
ject of her policy, and that it is the duty of her offspring not 
only to acquiesce in such action but to further it : the more so, 
as in a natural and healthy state of society, what is the interest 
of one is likewise the interest of the other. So far these rules of 
action apply to the case in hand in purity and simplicity, but 
beyond this point they do not ; for growth and development 
affect the relations of colonies to the mother-country as growth 
and development modify those existing between the parent and 
child, and time inexorably brings along with it the changes which 
divide the responsibility between those, for one of whom it re- 
stricts the exercise of control, while for the other it enlarges the 
enjoyment of independence. 

But, while in the condition of childhood, of pupilage, it is un- 
deniable that the protected should yield acquiescence to her 
whose protection is still invoked ; and, as the parent has a 
perfect right to plant colonies for commerce, for defence, for 
relief from redundant population, in short, from any proper 
motive, and even change that motive as the contingencies of ex- 
istence may demand, England cannot justly be censured for fos- 
tering colonial growth in the interest of what was her very life, 
her commerce. All censure must be reserved for the way in 
which this policy was enforced, and the excess to which it was 
carried. 

Nor can it be urged that the colonists were compelled to settle- 
ment by force, or were entrapped therein by false pretences. As 
has already been seen, the English colonies were not directly 
planted by the government, like the ancient colonies, or those of 
France ; and, notwithstanding the lugubrious description of Child 



224 CONSTITUTIONAL LIBERTY. ^ 

and the vagabondizing schemes of Gee, the mass of colonists 
gathered together on these shores, were not so much expelled 
by outraged society as they were attracted by the hope of gain.' 
Even the Puritans who sought New England, and the Catholics 
who founded Maryland, were not ejected from their native land. 
The settlers, therefore, who established these colonies cannot be 
said to have done so under compulsion, and, if they were exercis- 
ing volition in this respect, much more were those who, inspired 
by the hope of bettering their condition, continued the unbroken 
stream of immigration long after this policy had been proclaimed 
to the world. These came from choice, with their eyes open, 
with a perfect knowledge of the policy which actuated the govern- 
ment toward its colonies, with a full comprehension of the Navi- 
gation Act, and with enduring loyalty in their hearts. It was, in 
fact, this very power of volition that so effectively enabled them 
to enjoy and express a contentment which, to us, to whom com- 
mercial freedom has become natural, is am^-zing. They came ex- 
pecting to be in a condition of pupilage ; they were by no means 
shocked at meeting what they anticipated and what they had de- 
liberately sought, but were content. The shock came after they 
had proved their ability to take care of themselves, and when, in 
spite of the proofs they had given that their adolescence was 
terminated, the parent announced, that, now that they were able 
to live for themselves, they should live solely for her. 

As for those who were born and bred in America, it is enough 
to simply state the fact of their being so born and bred, to ac- 
count for their acquiescence in a system which must have jeemed 
as natural to them as the air they breathed. 

The inherent defect of the Restrictive System was, that it was, 
artificial. The consequence was, that its existence and applica- 
tion depended upon Parliamentary enactments instead of upon 
natural laws. Nothing stood between the colonist and the ever 
augmenting demands of commerce but the wisdom of Parliament 
and the prudence of the administration. But inasmuch as Par- 
liament represented the very people from whom the exactions 
came, it is evident that little dependence could be placed upon 

' ' ' The convicts were so few in comparative numbers as to exercise little or no 
tainting influence on the mass of the population." Ld. Mahon, "Hist. Engld." 
V, chap, xliii. 



7^HE LAISSEZ-FAIRE POLICY. 22$ 

ihe self-control of that body, and that what protection the coIo- , 
nists could claim, must come from the throne and the administra-. 
tion. To whatever extent the opinions of the individuals which 
composed the different cabinets may have been affected by the 
demands of the commercial classes, it must nevertheless be ac- 
knowledged, that, down to the time of the Grenville administra- 
tion, the attitude of that branch of the government was commend- 
able ; and that, whatever the public opinion of England respecting 
the colonies might be, it respected their autonomies too much 
ever to lay its hand upon them, and appreciated their importance 
to British commerce too highly ever to assist in the work of over- 
exaction. 

So impressed, indeed, was the government with the importance 
of the colonies to the commercial welfare of England, that it used 
every exertion to prevent the least disturbance of these harmoni- 
ous relations. The laissez-faire policy, which, begot of indif- 
ference, had arisen of itself, and which, from necessity, was con- 
firmed during the civil wars, was now maintained by the govern- 
ment as the best principle that could be devised for the conduct 
of its colonial relations, and the one to be applied without question 
to the political administration of the British possessions. No 
doubt of its being the true policy can now possibly exist. The 
prosperity of the colonies speaks for itself, and, in speaking for 
itself, emphatically commends that policy which left an energetic 
people to work out its own way. 

Thus it will be seen, that, toward the American colonies, the 
conduct of the government was of a twofold character : in re- 
spect to commerce it was active, but in respect to politics it was 
passive. In the light of factories, the British possessions were 
constantly being " regulated." The activity of the government 
in this respect was as amazing as it was persistent : it could not 
do enough to satisfy the mercantile interest at home, though in 
the eyes of the colonists it was always doing too much. On the 
other hand, in the light of dominions, the action of the govern- 
ment toward the British possessions was altogether another affair. 
It was, indeed, hardly action at all. " Hands off ! " was its cry. 
" Let them alone ; no meddling ; they are doing better thaa we 
can do for them." In this the government took the broad ground 
that, politically, the colonies were mere dependencies, of whom 



226 CONSTITUTIONAL LIBERTY. 

Ihe crown would exact no token of subordination, but allegiance, 
and to whom it would accord no right but that of protection. 

It was the wisest colonial policy ever known unto men. It was 
the very same to which England, scarred by the loss the downfall . 
of this policy inflicted, has since reverted with honor ; the same 
for which Burke, Chatham, and Camden pleaded with the earnest- 
ness of fervid patriotism ; the same which has since covered the 
northern shores of our great lakes with a contented, prosperous, 
and happy people, and dotted the huge globe itself with rising 
empires. Interest, of course, dictated this policy, which, happily, 
accorded with what was right, and prosperity flowed from a union 
blessed of God and man, until the subjection of right by interest 
tore asunder the bond that united them, and peace and good-will 
gave way to discord and hatred. 

The happy condition of the colonies during the first era of their 
existence, and the tranquillity of their relations with the mother- 
country, were due entirely to this policy, which, by recognizing 
the superiority of self-directed forces, and by leaving them to find 
out their own way, acknowledged the natural relation of a Gothic 
offshoot to its stem. The fruits of this intuition were healthy and 
abundant, and the government was not blind to the fact. Not 
only did it recognize and advocate the laissez-faire policy, so far 
as the political administration of the colonies was concerned, but 
it went further, and resisted at the outset every attempt to sub- 
stitute another. From time to time demands like those of Gee 
and Ashley, looking to the colonies as sources of revenue, were 
made, only to fall upon deaf ears. No matter what the party in 
power, the administration acted on the accepted maxim, that, 
though colonial commerce should be regulated, colonial politics 
were to be left to themselves. The Childs, the Gees, the Ashleys, 
screamed in vain for revenue, but the baneful influence of Lom- 
bard Street and the Treasury was of no avail ; the caution of the 
crown resisted innovation,^ and the government, keeping its eye 

'As far as George II. was concerned, " although he consented to the statute 
and others which he thought sanctioned by his predecessors, especially King 
William, yet it was reported and understood that he had uniformly resisted the 
importunities of ministers, governors, planters, and projectors, to induce him to 
extend the system of taxation and revenue in America, by saying ' that he did 
not understand the colonies ; he wished their prosperity. They appeared to be 
happy at present, and he would not consent to any innovations, the consequences 
of which he could not foresee.' Solomon in all his glory could not have said a 
wiser thing." — John Adams, " Life and Corresp.," x, 347. 



THE TEMPTATION. 22/ 

steadily fixed on the one object for which the colonies were main- 
tained, moved not an inch toward revenue, and was deaf to im- 
portunity. Of all the acts of trade, but one only was conceived 
in the terms of a revenue act, and the haste with which the 
government disavowed any political motive and explained away 
the offensive terminology, lent emphasis to the purely commercial 
character of its policy. The legislation, it is true, displayed the 
influence of the wharves, but the merchants were consulted so 
far only as commerce was concerned, and no further : the politi- 
cians were not even listened to with patience. "What," exclaimed 
Sir Robert Walpole to Keith, lately Governor of Pennsylvania, 
who was submitting a plan for raising revenue from the colonies, 
"what ! I have Old England set against me, and do you think I 
will have New England likewise ! " Walpole but echoed the fixed 
maxim of Whitehall, " Let colonial politics alone ! " and no truer 
thing was ever said, than that Mr. Grenville lost America by doing 
what no other minister had ever done — reading the American 
dispatches.* 

The evil day fell upon Great Britain, when, tempted by the 
rapidly increasing wealth of her American possessions, irritated 
by the expressions of a desire for independence on the part of a 
few politicians, and urged by the needs of an exchequer inade- 
quate to her suddenly augmented armament, she first listened to 
suggestions for making the provinces sources of revenue, and 
then adopted them. It was a step which indicated the ascend- 
ancy of prerogative over chartered liberties, of absolutism over 
the rights of kindred people, of centralization over local self- 
government, of a policy, in a word, which was to annihilate their 
local self-government, and place the fortunes of the colonies at 
the mercy of the necessities of a fluctuating Treasury. ° 

For a moment the undisturbed tranquillity may have led the 
government to suppose the measure unobjectionable, and to con- 
sider acquiescence as granted. But the unruffled calm was only 
the silence of amazement, or of want of comprehension. Fixed 
and rooted systems of administration are not torn up in a day, 

' Ld. Orford's "Mems.," n. by Sir Denis le Marchant, ii, 69. Laboulaye, 
" Hist, des Etats-Unis," ii, 32. 

''' " a resolution," said Lord Chatham afterward, in speaking of the De- 
claratory Act, "for England's right to do what the Treasury pleased with three 
millions of freemen," — "Correspondence," ii, 365. 



228 CONSTITUTIONAL LIBERTY. 

nor are they clianged ordinarily from whim or fancy. In this 
case, as it will be seen, the first step was a modest one, its effect 
was not immediately appreciated, and it was not followed by any 
significant response. When, however, emboldened by the success 
of the first, the government announced its determination to take 
the second step, long, loud, and piercing was the cry that pro- 
tested against its advance. At once this conduct was regarded as 
evidence of a total change of policy, whereby the compensation 
for commercial restriction was to be withdrawn and their local 
self-government extirpated ; the result of which would be, that, in 
the end, the colonies would remain the uncompensated feeders of 
British trade, and the colonists would become the unrequited 
bondsmen of British revenue and imperial power. Were such a 
policy to gain a foothold, two things, either of them intolerable, 
would ensue : on one hand, the colonists would be driven 
from the lofty position of self-government in which they took 
such pride, they would, in fact, be set back to the condition in 
which they were previous to leaving the old country, and would 
thus lose the headway made by more than four generations ; and, 
on tlie other, their obedience would be enforced to pecuniary 
exaction which would have no limits but those set by the forbear- 
ance which refrains from killing only so long as the eggs are 
laid. This touched their fortune ; that, their self-respect. If 
the right to raise money from them for imperial purposes were 
once conceded without limitation, as submission to unconstitu- 
tional legislation would imply, then their property lay at the mercy 
of the growing necessities of the empire ; if the right to intrusion 
in their affairs, such as would necessarily follow the enforcement 
of revenue acts, were granted, they would no longer possess the 
power of governing themselves. Tax-collectors, not their own, 
would swarm through the land ; courts, over which they had no 
control, would be established in their midst ; troops, to compel the 
execution of process issuing from these obnoxious tribunals, 
would be quartered among them ; and the provincial assemblies, 
overawed by the presence of organized force, would be dumb in 
their behalf, and would be powerless to resent insult ; or, worse 
than all, might actually be servile in lending help to oppression. 
Already their excited imagination pictured a monstrous growth, 
rising out of their very midst, under whose weight they would be 



ALARM IN THE COLON I BIS. 229 

helpless, and they saw themselves exposed to the burden of an 
establishment which, foreign to their tastes and sentiments, and 
hostile to their interests, would bring along with it all the engine- 
ry needful to the injury of those for whose benefit it ought only 
to exist. The right of self-government, without its enjoyment, 
would be but a mockery, and liberty, shaking the dust from off its 
feet against them, would fly their coasts. 

Thus it was, that, before the wooden horse had fairly left the 
beach on its way toward the walls, before the first halt was over, 
■and before the order for its further advance had died away, our 
ancestors broke forth into frantic clamor. What caused them to 
do so, can be gathered from what has been said heretofore, but 
the exposition will not be complete without first considering the 
legislation which reflected the sentiments that characterized the 
literature to which we have just given our attention. 



PART III. 



THE ERA OF CONSTITUTIONAL DEVELOPMENT IN AMERICA. 



"' Ics revolutions que forme la liberie tie sont qu' une confir- 



mation lie la liberie y 

Msprii des Lois, liv. xix, chap, xxvii. 



231 



CHAPTER IX. 

The Wooden Horse. 

IT is unnecessary to enumerate all the different Acts of Par- 
liament — though each served the purpose of irritating the 
general temper — by which "regulation" gradually encroached on 
rights that nature, time, and charters had all united in making 
sacred. It is sufficient to say, that the spirit of trade, presuming 
on its manifest supremacy, which, so far at least as Massachusetts 
is concerned, had received legislative acknowledgment in the 
adoption of the Navigation Act, fully carried out the law of its 
being, and that, invariably proceeding from much to more, it 
made one trespass the pretext for another, until restriction became 
onerous, compensation was fast diminishing, and exaction began 
to wear a threatening look. The system of restriction, in fact, 
had become so searching, so grasping, and so comprehensive, that, 
had it been rigidly enforced, the colonies could scarcely have 
traded at all. The Acts of Trade had followed each other thick 
and fast. Tobacco, rum, sugar, molasses ; wool, fish, timber, and 
iron, — all, in the course of time, became the subject of English 
aggrandizement at colonial cost, until, according to Mr. Otis, not 
even a fleece of wool could be conveyed in a canoe across a river 
or a brook, without the risk of seizure and forfeiture. The statute 
book bristled with legislation shoring up the Navigation Acts 
and the Acts of Trade. As the former aimed at the control of 
commerce on the high seas, so these, their progeny, souglrc the 
control of provincial labor and internal trade.' 

^ Exporting wool, contrary to the regulations, involved forfeiture of ship, etc., 
12 George II., c. 21, s. 11. No wool, or woollen manufacture of the plantations 
was to be exported, 10 and II Wm. III., c. lO, s. ig. Steel furnaces, slit= 
ting mills eto. were not to be erected in the plantations, 23 George II., c. 

233 



234 CONSTITUTIONAL LIBERTY, 

The result of all this was to excite alarm, and, from making the 
temper of the colonies sensitive to encroachment, to render it 
irritable. However, as the political rights of the colonies were 
untouched, dissatisfaction was limited to commercial exaction ; 
though nothing can be plainer than that irritation respecting one 
thing, was apt, on the slightest provocation, to extend to another. 
Still, no one had the intention of doing more than, by protesting 
and by showing a bold front, to maintain chartered rights. It 
was when the anxiety of the colonies in reference to their com- 
mercial future was fully aroused, that there occurred what may 
well be called the forerunner of the Revolution. From the first 
it was no more than of the bigness of a man's hand, and it speed- 
ily resolved itself into thin air before the chilling blast of Otis' 
logic. But, nevertheless, it too plainly betrayed the drift of gov- 
ernment, and the apprehension it left behind grew into actual 
alarm when more portentous clouds, one after another, rose above 
the horizon. It served the unfortunate purpose of raising the 
appearance of antagonism between the government and colonists, 
it placed them in the attitude of confronting each other, and set 
the latter to watching for encroachments, and pondering on the 
means of opposing them : — yet no such thing as actual conflict was 
so much as dreamed of by either. This harbinger of strife was 
the attempt of the government to enforce the Acts of Trade by 
Writs of Assistance. 

In his work, previously alluded to, Ashley had made the fol- 
lowing remarks : " The laws now in being for the regulation of 
the plantation trade, namely the 14th of Charles II., chap. 2, 
sec. 2, 3, 9, 10 ; 7 and S William III., chap. 22, sec. 5, 6 ; 6 
George II., chap. 13,' are very well calculated, and were they put 
in execution as they ought to be, would, in a great measure, put 
an end to the mischiefs here complained of. If the several offi- 
cers of the customs would see that all entries of sugar, rum, and 
molasses were made conformable to the directions of those laws ; 
and let every entry of such goods distinguish expressly, what are 
of British growth and produce, and what are of foreign growth 
and produce ; and let the whole cargo of sugar, penneles, rum, 

29, s. 9. Hats were not to be exported from one colony to another, 5 George 
II., c. 22 ; nor were hatters to have more than two apprentices, 5 Geo. II., 
c. 22, s. 7. And furs were to be taken to Great Britain, 8 Geo, I., c. 15, s. 24. 
^ See Appendix F 



ASHLEY'S PROPOSITION: THE MOLASSES ACTS. 235 

spirits, molasses, and syrup, be inserted at large in the manifest 
and clearance of every ship or vessel, under office seal, or be 
liable to the same duties or penalties as such goods of foreign 
growth are liable to, this would very much balk the progress of 
those who carry on this illicit trade, and be agreeable and advan- 
tageous to all fair traders. And all masters and skippers of boats 
in all the plantations should give some reasonable security, not to 
take in any such goods of foreign growth from any vessel not 
duly entered at the custom-house, in order to land the same, or 
put the same on board any other ship or vessel, without a warrant 
or sufferance from a proper officer. * * * In fine, I would 
humbly propose that the duties on foreign sugar and rum imposed 
by the before-mentioned act of the 6th of King George II. re- 
main as they are, and also the duty on molasses, so far as concerns 
the importations into the sugar colonies ; but that there be an 
abatement of the duty on molasses imported into the northern 
colonies, so far as to give the British planters a reasonable advan- 
tage over foreigners, and what may bear some proportion to the 
charge, risk, and inconvenience of running it in the manner they 
now do, or after the proposed regulation shall be put in execution. 
Whether this duty shall be one, two, or three pence, sterling money 
of Great Britain, per gallon, may be a matter of consideration." 

It is easy to see Ashley's idea : The trade with the West Indies, 
and the great demand from the continental colonies for sugar and 
the different articles derived from it, or into which it entered, 
made " the Molasses Acts," as they were called, very important 
ones. By these Acts it was provided, among other things, that 
molasses, rum, sugar, etc., brought from foreign colonies into the 
British American, should pay certain specified duties. The most 
important of these Acts was one enacted in the time of George II., 
and which is remarkable from the fact, that it was the only single 
Act of Trade, prior to the Stamp Act epoch, that contained the 
terminology of a revenue act. Revenue acts usually began by 
stating the reasons which called for the existence and the neces- 
sity of revenue, and always terminated this statement by saying, 
that, for remedy whereof, the Commons "have^/z/^/? and granted" 
to his Majesty the respective rates and duties thereinafter ex- 
pressed. So rigorous was the application of this language, that it 
became technical, and had all the force technicality could give, 



2^6 CONSTITUTIONAL LIBERTY. 



and lawyer and statesman alike joined in pronouncing an act con- 
taining, in the customary relations, these significant words, a 
revenue act ; while one wanting these words, was as emphatically 
declared not to be a revenue act. Positive as this rule may be, it 
may be modified by attendant circumstances ; such as the lan- 
guage of the title, which, in revenue acts, always expressed the 
object to be "an aid to his Majesty," or something to that effect. 
The other acts specified by Ashley, of Charles II., and William 
and Mary, also gave duties ; but in these neither their titles pur- 
ported their being grants, nor did the words " give and grant " 
precede the enacting parts. Of course any interpretation of these 
as revenue acts, under the accepted rule, was out of the question, 
and as to the one of George the Second, the government listened 
with favoring ear to the construction put upon it by the colonies. 
This was, that, as the title, which was simply "an act for the 
better securing of the trade of his Majesty's sugar colonies in 
America," did not contain a single word from which a grant could 
be implied, but, on the contrary, purported only a commercial reg- 
ulation ; and inasmuch as the act was a kind of compromise, and, 
being enacted at the express desire of a part of the colonies them- 
selves, might be said to be with their consent, therefore, it was 
the title that expressed the real meaning of those who called the 
act into existence, and its language should govern to the exclu- 
sion of the words of gift and grant which followed. This view, 
strained as it was, was promptly acquiesced in by the govern- 
ment, whose policy was to shun colonial politics, which such a 
thing as revenue plainly smacked of. It was dangerous ground, 
and they gladly made use of the bridge built for their retreat. 

It is plain, that the government, by discarding its acquiescence 
and taking advantage of the terminology of the act of George II., 
would have a revenue act at hand, by which it could raise a large 
sum in the present, and on which it could build a system, which, 
like the future toward which it looked, would take care of itself. 
This is precisely the scheme of Ashley, who, at a dash of the pen, 
lumped the sugar acts, and made them all stand on the Act of 
George II. He knew that whatever the title of an act which con- 
tained words of gift and grant, or what the circumstances that 
produced it, really and truly it was, what Otis afterward asserted 
it to be, a revenue act, a taxation law. That it was an unconsti- 



WRITS OF ASSISTANCE. 237 

tutional law, a law subversive of every end of society and gov- 
ernment, and that it was as good as null and void, and no better* 
concerning this view of the enactment, he had nothing to say. 
It stood ready at hand ; its misinterpretation in the interests of 
peace and good-will stood in the way, and to Ashley and the 
crowd of revenue seekers at his back, it was only a part of the 
system they wished to overturn, and no more. 

So long as Ashley's aims were confined to Ashley, the colonists 
cared little, but the knowledge that he was the latest exponent of 
a class who were clamoring for American revenue, and who 
might possibly gain the control of Parliament, made the thing 
serious. However, the government continued to adhere to the 
view it had adopted of the act of George II., until what was feared 
by the colonists became reality, and the progeny of the Childs, 
the Gees, and the Ashleys pushed its honorable policy from its 
moorings. This deplorable event occurred when it was an- 
nounced that " the Molasses Acts " would thenceforward be 
strictly enforced. Great was the apprehension expressed in the 
colonies, and great the alarm — "greater," says Judge Minot,' 
"than the taking of Fort William Henry caused in the year 1757." 
New England was thrown into a state of excitement, out of which 
arose a case in the Massachusetts courts, in which the constitu- 
tionality of this act, and even the Navigation and Trade Acts 
themselves, was attacked by James Otis in a manner that will 
render him immortal. 

The question turned upon writs of assistance, which were pro- 
cess, as the lawyers term it, of occasional issue from the Court of 
Exchequer in England. These writs imposed upon the customs 
ofificers the odious task of intruding into the private affairs of the 
defendants named in them, of entering private buildings and even 
dwellings, and, once there, of breaking open chests, trunks, boxes, 
or any thing that afforded a concealment for smuggled goods. 
For, in an act of 14th Charles II., which had been extended to the 
colonies, there was a clause authorizing this very violence, if com- 
mitted by anyone armed with a "writ of assistance under the 
seal of his Majesty's Court of Exchequer." These warrants were 

^" History of Massachusetts Bay," 140. " This I fully believe," says John 
Adams, quoting the above words, " and certainly know to be true, for I was an 
eye and ear witness to both of these alarms." " Life and Works," x, 345. For 
Molasses Act, see Appendix E ; 6 Geo, II., c. 13. 



238 CONSTITUTIONAL LIBERTY. 

in the nature of those general warrants, which so shook the king- 
dom, a short time afterward, and were, of course, highly arbitrary. 

It need hardly be said, that nothing could be more offensive to 
a people, to whom the infraction of domestic privacy was almost 
a thing unknown, than such a measure, and inquiry at once re- 
solved itself into the questions : What are Writs of Assistance ? 
and Are they of force in Massachusetts ? The government law- 
yers were ready with such information as they had in answer to 
the first question, but their efforts to answer the second affirma^ 
tively proved ludicrously futile before the overwhelming denial 
maintained by Otis, whose argument was as follows : 

First, he explained why he appeared in opposition to the crown 
so shortly after being the Advocate-General in his Majesty's Court 
of Admiralty. This was, that his cause was in favor of British 
liberty, and in opposition to a kind of power, the exercise of 
which had already cost one king of England his throne, and 
another his head. 

He then advanced to a consideration of the natural rights of 
man, — those individual rights which are inherent and inalienable, 
and of which he proved the right of property to be one. From 
these rights, which belonged to individuals, he passed to those 
belonging to society, and which, termed social rights, are likewise 
natural and inalienable : for, the surrender of them would be of no 
greater validity in point of evidence than are the acts of madmen 
or those surprised by fraud, and, being therefore worthless, are of no 
avail against the inalienability of these rights ; that, in short, such 
rights are as natural and as incapable of divestiture as the others. 

Having thus defined those individual and social rights which are 
natural and inalienable, he showed how, from time immemorial, 
they had been recognized and protected by the British Constitu- 
tion as fundamental laws ; how, indeed, the Constitution itself 
was founded on them, and he called to the proof of his position 
the whole range of British legislation and British exploit, from the 
old Saxon laws and Magna Charta to the Bill of Rights and the 
Revolution of the seventeenth century ; how, as British subjects, 
the colonists were as much entitled to all the rights of British 
freemen by the law of nature, the Constitution, and the express 
guarantees of the colonial charters, as the freemen of England 
were ; and how no fiction of law, such as that of "virtual represen- 



OTIS' ARGUMENT. 239 

tation," nor any thing else, was of the least avail against these 
rights. 

Thus claiming for the colonists, from the outset, the birthrights 
of an Englishman, he proceeded to take up, one by one, the Acts 
of Trade, and demonstrated, that, if they were to be enforced as 
revenue laws, there was an end at once to all security of property, 
liberty, and life, to every right of nature, to the English Constitu- 
tion and to the Charter of the province. He scouted the distinc- 
tion, then so popular and commonplace, between " external and 
internal taxes," and asserted that there was no such distinction in 
theory, nor upon any principle but that of " necessity." That 
the need of having the commerce of the empire under one direc- 
tion, was obvious, and that so sensible had the Americans been of 
this necessity, that they had actually tolerated the distinction be- 
tween external and internal taxes, and had submitted to the Acts 
of Trade as regulations of commerce ; but never, be it observed, 
as taxations or as revenue laws. Nor had the government itself 
regarded these enactments as revenue laws, but, on the contrary, 
had never so much as attempted to enforce them as such, but had 
suffered them to lie dormant in that character for wellnigh a 
century. And well it did so ! for the whole power of Great 
Britain would be ineffectual to enforce them. Nay, if the king of 
England himself, were in person encamped on Boston Common, 
at the head of twenty thousand men, with all his navy on our 
coast, he would not be able to execute these laws. That it was 
true, the Navigation Act was binding upon Massachusetts, but for 
the reason only that Massachusetts had adopted it by her own act. 
He then commented on this statute, and, while he would not deny 
its efficacy as a political policy, nor even controvert the necessity 
of it, he expatiated on its narrow, selfish, and exclusive spirit. 
He declared, that the act of its adoption and the obedience rend- 
ered unto it were a sacrifice to the mother-country on the part of 
the colonies, and that it was sufficient to satisfy the cupidity of any 
mother, especially one whose children had always been so fondly 
disposed to acknowledge the condescending tenderness of that 
mother. 

Considering the nature of the Navigation Act, he said, that it 
was wholly and simply prohibitory. It abounded indeed with 
penalties and forfeitures, and with bribes to governors and in- 



240 CONSTITUTIONAL LIBERTY. 

formers, to custom-house officers, naval officers, and commanders, 
— but it imposed no taxes. Subsequent acts of trade contained 
these in abundance, but this act laid none. Nevertheless, this 
was one of the acts that were to be carried into strict execution 
by writs of assistance, and houses were to be broken open, and if 
a piece of Dutch linen could be found, from the cellar to the 
cockloft, it was to be seized, and become t^he prey of governors, 
informers, and majesty. 

Then recurring to the Acts of Trade, which were the progeny 
of the Navigation Act, he pointed out the different features 
which marked the offspring. These, he contended, did impose 
taxes ; enormous, burdensome, ruinous, intolerable taxes. And 
here giving a loose reign to his genius, he launched out into 
bitter invective against the tyranny of taxation without represen- 
tation. One after another, these acts were taken up, scrutinized, 
analyzed, criticised, only to be flun^; to the winds with scorn. 
The burden of his song was, " writs of assistance." All these 
rigorous statutes were now to be enforced by the still more rigor- 
ous instruments of arbitrary power. What were writs of assist- 
ance ? Where were they to be found ? When, where, and by 
what authority had they been invented, created, established ? No 
one could answer. Neither the Chief Justice nor his associates 
had ever seen such a writ, or knew any thing about it. Otis de- 
clared boldly, that there was no such a thing known to the law of 
the land ; and neither bench nor bar ventured to confute him. 
He went farther, and asserted that there was no color of au- 
thority for this writ, ejfcept in one statute offered by the crown 
officers, and that one contained the words, " writ of assistance 
under the seal of his Majesty's Court of Exchequer." There 
being such a thing, then, exclaimed Otis, where is your seal of his 
Majesty's Court of Exchequer ! And what has the Court of 
Exchequer to do here ? 

Since the writ had no such seal, and inasmuch as, even if it 
had, the jurisdiction of the Court of Exchequer did not extend to 
the colonies and therefore could give it no force, and, further, as 
no tribunal or office existed, which, by law or implication, could 
be construed as taking the place of such court, and from which 
such writ could issue, the questions were unanswerable, and no 
reply was given. 



OTIS' ARGUMENT. 24 1 

1 

In tossing over the acts from which the crown lawyers pre- 
tended to derive the writs of assistance, Otis had much sport. 
He allowed his humor, wit, and irony free play, when the acts 
regulating the trade of Bay-making in Colchester, and of Kidder- 
minster stuffs, and prohibiting the importation of bone-lace, cut- 
work, embroidery, fringe, band-strings, buttons, and needlework, 
were gravely offered in support of a writ which neither Rastell, 
Coke, nor Fitzherbert, could show. Upon the principle of con- 
struction which would make precedents of these and similar 
enactments, he argued that the jurisdiction of the Court of King's 
Bench, and of the Court of Common Pleas might be extended 
to the colonies ; and all the sanguinary sta.tuteG against crimes 
and misdemeanors, and all the church establishment of arch- 
bishops and bishops, deans and chapters, priests and deacons, 
and all the statutes of uniformity, and all the acts against con- 
venticles. 

He admitted, of course, that writs of one kind may be legal ; 
that is, a special writ, directed to a special officer, and to search 
certain houses specially set forth in the writ. Such a writ could 
be granted by the Court of Exchequer in England, upon oath 
made before the Lord Treasurer by the person who asks it, that 
he suspects such goods to be concealed in those very places he 
desires to search. And in this light the writ appears like a war- 
rant from a Justice of the Peace to search for stolen goods. In 
the old books are precedents of general warrants to search sus- 
pected houses, but in the inodern books only special warrants are 
to be found, and it has been adjudged that special warrants only 
are legal. In the same manner he relied upon it, that the writ 
prayed for in the petition in question, being general, was illegal. 
In the first place, then, the writ before them being universal, or 
general, every one with this writ might be a tyrant. In the next 
place, it was perpetual. There was no return to be made, and 
thus the holder of it was accountable to no one, and might reign 
secure in his petty tyranny. In the third place, a person with 
this writ might enter all houses, shops, etc., in the daytime, at 
will, and command all to assist him. Fourthly, by this writ, not 
only deputies, but even their menial servants could lord it over 
the people. Now one of the most essential branches of English 
liberty is the freedom of one's house. A man's house is his 



242 COA'STITUTIONAL LIBERTY. 

castle ; and so long as he is quiet, he is as well guarded as a 
prince in his castle'. This writ, if declared legal, would totally 
annihilate this right. Bare suspicion without oath would be suffi- 
cient, and that the wanton exercise of this power was not the 
chimerical suggestion of a heated brain, he gave instances of it 
which had actually occurred in the neighborhood. 

Reason and the Constitution, then, were both against this writ. 
Only one instance of it could be found in the law-books, and that 
was in the zenith of arbitrary power, during the reign of Charles 
II., when star-chamber powers were pushed to extremity by some 
ignorant clerk of the exchequer. But, had this writ been in any 
book Avhatever, it would have been illegal. All precedents are 
under the control of the principles of law, and no Act of Parlia- 
ment can establish such a writ, for an act against the Constitution 
is void. The act of William III., therefore, is confined to the sense 
of special writs : that an officer should show probable ground ; 
should take his oath of it ; should do this before a magistrate ; 
and that such magistrate, if he think proper, should issue a special 
warrant to a constable to search the place. Any thing and every 
thing in the nature of a general warrant was void and of no 
effect. 

He did not, however, stop here, but turning to the literature 
illustrative of the spirit which animated the Acts of Trade, and 
would enforce their execution as revenue laws, he paid k is com- 
pliments, in no measured terms, to the galaxy in which shone a 
Child, a Gee, and an Ashley. " I cannot pretend," says John 
Adams, from whom we have the only report of this argument 
worthy of the name, — " I cannot pretend to remember these obser- 
x'ations verbatim and with precision. I can only say that they 
struck me very forcibly : Tacitus himself could not express more 
in fewer words." Otis had no thanks for the knight for his compli- 
ments to New England at the expense of Virginia, and he stigma- 
tized, as it deserved, the inference, that colonies were to be sacri- 
ficed for being industrious and frugal, wise and virtuous, while 
others were to be encouraged and fostered for laziness, vice, and 
profligacy. But when he came to the part William had acted in 
this business, the scorn of the orator burst forth : A Stadtholder 
adopting the system of St. John and Downing, of Child and 
Charles the Second ; a system having for its result the destruction 



OTIS' ARGUMENT. 243 

of his native country, to which he owed not only his existence 
but all his power and importance besides ! Proh Pudor ! 

The very efifigies of the Stuarts that beamed from the walls of 
the council chamber must have wreathed their smiles in disdain 
of the Dutch apostate. 

Turning to the laws relating to the internal policy of the colo- 
nies and their domestic manufactures, Otis alternately laughed at 
and raged against them all. One member of Parliament, he said, 
had declared that even a hob-nail should not be manufactured in 
America ; another had moved that the Americans should be com- 
pelled by act of Parliament to send their horses to England to be 
shod — but this last was a man of sense, and meant by this admira- 
ble irony to cast ridicule on the whole selfish, partial, arbitrary 
and contracted system of Parliamentary regulation in America. 
Every one of these regulations of internal policy he pronounced 
null and void by the law of nature, by the English Constitution, 
and by the American charters, because America was not repre- 
sented in Parliament. 

This led him to remark upon the charters, whose history he 
glanced at, and from which he drew the conclusion, that, as 
neither James I. nor Charles I. could have wished the Parliaments 
they hated to share with them the government of the colonies 
and the enjoyment of royal prerogatives ; and as neither Pym, 
Hampden, Sir Harry Vane, nor Cromwell could surely have de- 
sired the subjection of a country they had once regarded as an 
asylum, to the arbitrary jurisdiction of the one they had wished 
to fly from, it must have been to Charles II. and his yearning for 
a personal government that we owed the royal assent to the Navi- 
gation Act in which King and Parliament were associated to- 
gether. That association, he maintained, was forced on a mon- 
arch who had learned from doleful experience that Parliaments 
were not to despised, but who, though compelled to a union he 
abhorred, accepted it with the purpose of making his coadjutor 
his instrument in the accomplishment of his designs. Charles II., 
he said, courted Parliament as a mistress ; his successors em- 
braced her as a wife, at least for the purpose of enslaving Ameri- 
ca. From that unhappy union had flowed all the ill which a 
Parliamentary government, not their own, could inflict. In short, 
the attempt now being made was simply one of arbitrary power 



244 CONSTITUTIONAL LIBERTY. 

against the natural self-government of the people. Suffer it to be 
done, and colonial liberty was at an end.' 

Such is the imperfect sketch of an argument which placed its 
maker, at one bound, at the head of colonial advocates, elevated 
him to a place in the highest rank of patriots^ and enrolled him 
among the Americans whose fame is deathless. This is all that 
is left to us of what produced a most powerful effect upon those 
who heard it, and of what unquestionably changed the destiny of 
this country. We cannot possibly now reproduce this speech 
from what we have of it. It was not committed to writing, nor 
was it reported. All we have are the notes jotted down at the 
time by a young man, who, swayed by the overpowering elo- 
quence of the orator, was unable to keep up with his work ; the 
partial reproduction of the speech by the same youth in after 
life,^ and his recollections, given when an octogenarian and fifty- 
seven years after its delivery. Yet even then, though in the 
meantime he had himself become one of his country's greatest 
orators, and was one to whom the eloquence of the greatest, and 
best of the civilized world had become familiar, even then the 
breast of the old man was instinct with the memories of that day, 
and the aged heart of John Adams was fired anew at the recol- 
lection of James Otis' denunciation of the writs of assistance. 
After that lapse of time, the wonder is, not that we have an im- 
perfect sketch, but that we have any, and Avere it not for the re- 
markable intellect of him who sought to transmit it, we should 
have none. 

Whether the colonists, whose prejudices were naturally in favor 
of the orator, exaggerated the excellence of his speech, or, 
whether, astonished and delighted at such unaccustomed elo- 

Mn giving this sketch of Otis' speech, I have adopted as nearly as possible 
the notes and accounts of Jolin Adams, even in language. Adams made min- 
utes of the speech during its delivery, though, as he says in his autobiography, 
" I was much more attentive to the information and the eloquence of the speaker 
than to my minutes, and too much alarmed at the prospect that was opened be- 
fore me to care much about writing a report of the controversy." "Diary, 
Life and Works," ii, 124, n. Then comes the speech as given in Minot's 
" History," which may be found, expurgated from interpolations, in the same 
work, Appendix A, 523. This is also attributed to Mr. Adams. And lastly, 
his sketch of it given in his letters to Judge Tudor, fifty-seven years after its 
delivery, which are to be found in the same work, x, pp. 314, et seq. 

"^ Id. ii, Appendix A, 523. 



THE A WAKENING. 245 

quence, they magnified its worth, we have now no means of judg- 
ing. There is, however, no mistaking its effect. The judge 
appointed for the purpose of sanctioning the writ was dumb be- 
fore the orator, the bar hung upon every word, the audience was 
still to catch every breath, and his very opponent, once his mas- 
ter in the law, could not conceal his delight in meeting a foeman 
so worthy of his steel, nor restrain his generous exultation at the 
glory and triumph of his pupil. 

But it was upon the people throughout the colonies that this 
speech wrought its greatest effect ; an effect which deepened its 
channel as it made its way. The patience which had taken 
apart, analyzed and compared the different statutes, and then 
had gathered them together into one system, had not been 
wasted. The clearness with which the facts were stated and 
the inferences drawn, had not been in vain. The passionate ap- 
peal to justice fell not to the ground, nor did the scorn which 
lashed the evil-wishers of his country lie dead in the ears of its 
friends. Although the question was one which arose in Massa- 
chusetts only, its importance was felt to the uttermost bounds of 
the colonies. Attention was at once turned upon the subject of 
colonial relations with the mother-country ; a subject which 
nearly all had slept upon, until Otis broke this dangerous slumber, 
and bade them awake. Then all awoke : those who were not of 
the mercantile interest as well as those who were ; and these 
relations, what they were, what their nature, were they proper, 
and, if not, what the remedies readiest for their restoration, but, 
if they were, what the defences best for their protection, — these, 
and a hundred questions more, became the subjects of universal 
comment and reflection. Henceforth it will be seen not only that 
the colonists acted as those who had studied their ground, but 
that the indifference or ignorance of the old world concerning 
their attainments, or even their existence, gave way to admira- 
tion for the extent of their researches and the depth of their 
learning. This result, especially in the northern colonies, where 
the illustration stood ready for the argument, was due to the elo- 
quence and logic of James Otis. When he sat down the Ameri- 
can Revolution had been inaugurated. Doubtless neither he, his 
hearers, the people, nor the government, suspected such a thing : 
but we now know it to be the fact. The war which, in securing 



246 CONSTITUTIONAL LIBERTY. 

our independence, gained the name of Revolution, was but the 
last expression of that mighty change of which Otis' was the first. 
That terminated what this began,' but this was what foretold the 
coming storm, and the last words of the orator had hardly died 
away, before the real American Revolution had set in.^ 

' Les revolutions que conforme la liberie ne sont qu' una confirmation de la 
liberte." " Esprit des Lois," liv. xix, chap, xxvii. 

- " I sliall only say, and I do say in the most solemn manner, that Mr. Otis' 
oration against the Writs of Assistance breathed into this nation the breath of 
life." " Life and Works of John Adams," x, 276. 



CHAPTER X. 

The Conflict with Absolutism. 

T the next term the court decided, that, inasmuch as it 
appeared that such writs issued from the Exchequer when 
applied for, the like practice in the province was warranted^ ; yet 
the government found no advantage in a decision robbed before- 
hand of its effect. It, accordingly, desisted from this attempt, 
and, while there may have been applications, no such writ ever 
issued. 

The government held the position, but could make no use of it 
further than as a ground on which to parade the rights adjudi- 
cated in their favor by judges, whom the irritated people regarded 
as commissioned for the purpose of deciding as they did. This 
half-way course of action was the most ill-judged one that could 
be adopted. One only of two things should have been done : 
either to enforce the writ now that the court had decided they 
were in the right, or openly to abandon a policy which had been 
proved to be odious. If the former had been adopted, the colo- 
nists would have at once been driven to submission or resistance. 
Resistance was out of the question, for the cause of Massachusetts 
not being a common one, except in sentiment not yet fully formed, 
she would have had to stand alone, and, incapable of resisting 
singly, submission would have been her fate, and the power of 
the government would have been established. If the latter course 
had been pursued, Massachusetts would have had nothing to op- 
pose, but on the contrary there would have been every considera- 
tion of gratitude to bind her with hooks of steel to a parent who, 
with the right to pursue her course solemnly adjudicated, had 

'Hutchinson's "Hist, of Mass.," iii, 94. 

247 



248 CONSTITUTIONAL LIBERTY. 

generously renounced a policy distasteful to her offspring. Butj, 
the truth is, that the government did not fully appreciate the 
importance of the occasion and the need of discretion. Three 
thousand miles of ocean and the lapse of a month's duration so 
deadened the waves of colonial excitement, that, when they fell 
upon the ear in Whitehall, they hardly created a sensation. The 
government was continually seeking increase of revenue in one 
quarter or another, and disappointment was a common affair. 
This Boston matter was one of a dozen such cases, and no more. 
" The people do not like this way of raising revenue, though the 
courts say we are right ! Well, we are constantly humoring others, 
and we suppose we must humor these. Do not act on this de- 
cision of the court, then, but hold it in reserve, and, in the mean- 
time, let us try something else." Such was, in effect, the way the 
matter was regarded and acted upon, and, like all half-measures, 
this indefinite way of settling a question produced bitter fruit. 
To the Bostonians, this pigeon-holing what to them was of the 
greatest interest and of the highest importance, was either incom- 
prehensible or offensive. Was the government irresolute ? was 
it indifferent? Was it letting I would, wait upon I dare not? Had 
it abandoned the offensive policy? or was it holding it like a 
sword over their heads in case future exactions brought no favor- 
able answers ? 

During this state of uncertainty a general sense of uneasiness 
spread over the colonies. For the first time something had really 
come between the mother and her children, and distrust had taken 
root. The attempt to enforce the Sugar Acts as revenue laws 
could not be forgotten in a day ; indeed, there was nothing to 
hinder its repetition, and it was but too apparent, that, instead of 
being one and the same with that of England, the spirit of the 
colonies was now something different. Dissension had entered 
the camp, and, though there was no conflict, there were, without 
contradiction, two parties whose leaders, while on their faces 
friends, mistrusted each other in their hearts, and sulked in their 
tents. Confidence was gone. What will the government do next ? 
was the apprehensive whisper throughout America. What next 
step toward revenue from the colonies shall we take ? was the 
(juestion asked at Westminster. 

George Grenville, at that time the leader of the ministry, was 



GEORGE GRENVILLE. 249 

the man who answered these questions. He was intelligent, edu- 
cated, well-meaning, honest, and of official experience, but he was 
narrow. He was ambitious, but lacking in judgment, and was 
more disposed to found the acts of his administration on legislation, 
than on the qualities of human nature. Indeed, his great fault 
seems to have been his over-weeriing faith in legislation being the 
do-all of. government; for he was of those, says Burke, who are apt 
to believe regulation to be commerce, and taxes to be revenue,' 
a-nd, he might have added, who believe legislation to be govern- 
ment. Among regulations, none stood so high in Grenville's 
estimation as the Navigation Act, and, confounding causes with 
e-ffects, like many of his countrymen, he considered those elements 
of prosperity which gave efficacy to the Navigation Act, the legiti- 
ma'te results of the Act itself. 

Mr. Grenville's idea seems to have been, that the late war be- 
tween England and France had been undertaken as much for the 
benefit of the colonies as for that of Great Britain, and that it was 
nothing more than just, that they who shared the benefits 'should 
also bear a part of the burdens it had brought. No pos-ition 
could be more substantial than this, and, had he confined himself 
to it, no fault could have been found ; for their sense of oneness 
with Great Britain, as we can see for ourselves, did impress them 
with the belief, that what was done for the mother-country was 
done, too, for them, and that, consequently, the burden must be 
shared as well as the benefit. But when he took the ground, that 
the colonies had not done their share, but were reaping the bene- 
fit without dividing the burden, he went further than the facts 
warranted his going, and his position became untenable. For, in 
the prosecution of that war, as well as others, the Americans had 
not only suffered great losses of men and property, but they had 
incurred debts, the greater part of which fell on the northern 
colonies, who had promptly met them, and who, even at that time, 
were steadily paying them off. This very colony of Massachu- 
setts, for instance, at the time of the Port Duty act, was annually 
raising what, for the time and place, was the large sum of ^^37,500 
sterling for sinking her debt, and this she expected and intended 
to do for four years longer, or until it was entirely cleared off. 

Thus Mr. Grenville acted on premises that were radically 

'Speech "On American Taxation." 



250 CONSTITUTIONAL LIBERTY. 

wrong. He beheld what did not exist, and saw not Avhat did. 
What alone was perfectly clear to him, Avas his inability to meet 
the annual demands of the public debt, and the scene presented 
to his eyes embraced an enlarged military and naval establish- 
ment on a new footing, an enormous increase of Great Britain's 
indebtedness, and an insufficient revenue.^ Beyond this valley of 
Desolation, however, stretched the pleasant land of Beulah, where 
the colonists, untaxed for revenue, were rapidly rolling up wealth. 
To a man whose notions of prosperity were limited to the effects 
of a Navigation Act, the sight was tantalizing, and the thought 
naturally recurred, Why should these people go scot free, while we 
are still bearing the burdens imposed by their defence ? 

Now, as we have seen, they were not going scot free ; for these 
people were at that time bearing their share of the burden by pay- 
ing debts, to sink which they were annually taxing themselves ; 
were paying vast profits to England on their trade, which, without 
■ her, they would not have had to pay; and were subject to enor- 
■i mous indirect taxation besides.^ Nor was that war nor any other, 
fought for the defence of the colonies, but solely for the purposes 
of the home government ; purposes with which the colonists had 
no more to do than the people of the United States to-day have 
to do with those of Downing Street, but which they were com- 
pelled to further, unless they would have their commerce endan- 
gered, their frontiers ablaze, and their homes at the mercy of the 
savage. In America, the armies of England were not defensive 
but invading armies, and, for the purpose of defence, the colonist 
had to rely upon himself alone. But it is none the less a fact, that, 
at that time, the burden of the colonists was really lighter than the 
burden of those who had caused its imposition; for, with their 
debts reduced by actual payment, and with the future certain to 
supply what was needed for their extinction, they had nothing but 
a short probation of indebtedness to undergo, and nothing more 
to fear than creditors whose only ill-nature might arise from the 
impending termination of loans they could not expect to renew. 
This happy result had been attained by their having promptly 

' The English debt was doubled by the expenses of the war, and amounted to 
;^ 1 40, 000, 000. — Pari. Hist.: "Mag. of Am. Hist.," 341. Burke's "Speech 
o;i American Taxation." 

^ The colonies annually consumed British produce and manufactures to the 
value of ^3,000,000. — " Am. Reg.," part I, 1764. 



COLONIAL BURDENS. 25 I 

faced and ascertained their liabilities, by their careful collection 
of taxes, by their economy, by the assistance brought by immigra- 
tion, and by the absence of internal distraction which the confi- 
dence, everywhere reposed in charters guarding them in their 
rights and exempting them from imperial taxation, secured. 
Thus it will be seen, that the colonists, whose generous conduct 
during the war found its acknowledgment in the reimbursements 
to them by Great Britain of advances made by them,' were now 
bearing the part of their burden which remained, and that, though 
the mother-country might not be, they were entitled to the full 
enjoyment of their share of the benefits accrued, less their share 
of the common burden still remaining. It was the sight of this 
enjoyment, almost at its full, and the contrast it presented to her 

' " 26 April, 1759. The King sent a message to the House of Commons re- 
questing them to enable him to compensate the Nortli American colonies for 
' the expenses incurred by the respective Provinces, in the Levying, Clothing, 
and Pay of the troops raised by tlie same.' The motive assigned was ' the zeal 
and vigor with which his faithful subjects in North America have exerted them- 
selves in defence of His Majesty's just rights and Possessions.' Upon which, 
April 30, the House resolved an appropriation of ;^200,ooo. This message and 
resolution was repeated yearly thereafter, and though this compensation did not 
exceed one-fourth of their expenditure, they were satisfied with ' these most 
honorable of all testimonies.' " — " A True State of the Proceedings," etc., 1774. 

As early as the beginning of the century, concerning New England's action 
respecting the Canada expeditions, Dummer says : "It has been acknowledged 
to me by English gentlemen who were then on the spot and well experienced in 
these things, that such a fleet and army wanting the necessaries they did, could 
not have been dispatched on so short warning from any port in England." — 
' ' Defence of the N. E. Charters," 40 ; and see Otis' " Vindication," etc., 9. 

" Massachusetts raised 500 men for the Cuba [Jamaica, 1703] expedition, of 
whom not 50 returned." — " Observations relating to the Present Circumstances 
of Mass. Bay," 4. " The most expensive expedition was that to Cape Breton, in 
which Massachusetts expended almost 2,000,000, old tenor, a sum vastly exceed- 
ing its ability, and which nothing but the last extremity could excuse : an ex- 
tremity not only affecting Massachusetts, but the whole continent besides, and 
in whicli the trade of the English nation, both with regard to the cod fishery, and 
also its Navigation to the Northern Colonies, was deeply interested. In this Ex- 
pedition we almost made ourselves Bankrupts, not only with respect to money, 
tiut also with regard to Labour, the worst bankruptcy that a community can 
suffer ; for we expended thousands of lives, which were lost on the surrender of 
Louisburg, who were some of the Flower of the People. 

"Another expedition in which we were at great expense was that designed for 
Canada, and recommended from the Crown, and although the scheme was not 
executed, yet Bounty money and billeting 2,000 men could be very ill spared 
by a people already drained of men and money." — Id., 4, 5. 

The colonists rallied to the support of Pitt with enthusiasm. They vied in 
voting men and money. Dr. Franklin says that the number of Americans or 
Provincials employed in the war was greater than that of the regulars, and else- 
where, that " the Colonies had raised, paid, and clothed near 25,000 men, a 
number equal to those sent from Great Britain, and far beyond their propor- 
tion."—" Mag. of Am. Hist.," i, 33S, 339. 



252 CONSTITUTIONAL LIBERTY. 

own condition, that had much to do with stimulating England to 
take from America what the latter had earned and was fairly 
entitled to. 

It has always been a marvel, and one, too, that will never be 
explained, how the eyes of the minister could have been blind to 
the fact, which stared him in the face on each recurring budget, 
that the Americans had really borne more than their share of the 
war, and that Great Britain was so sensible of this, as actually 
to reimburse them for their over-payments. But so it was, and 
possessed with the conviction, that, on the score of the war, it 
was America that was in debt to England and not England to 
America, he set to work to devise means of drawing revenue from 
the colonies. 

It will be observed, that, heretofore, the administration had 
limited its experiments to what already existed, and, seeking to 
enforce those acts of revenue only which were then upon the 
statute book, had directed its procedure against a single colony. 
The boundaries of its operations were thus defined beforehand, 
and, notwithstanding the lack of absolute certainty, this self-im- 
posed restraint lent some assurance to the future. The cabinet, 
however, was not permitted to long retain the passive attitude it 
had assumed after its failure. The need of revenue daily became 
more pressing, until at last something had to be done and a 
decisive step be taken : a bill was accordingly introduced and 
passed " granting duties in the colonies and plantations of 
America." This occurred in 1764, and the act imposed other 
port duties than those already laid. Strange to say, the enact- 
ment of this bill, known as the Port Duty Act provoked little 
censure in America, although, in addition to its ominous title, it 
declared, " that it was just and necessary that a i-eveime should be 
raised there," and contained the positive words of donation, 
namely, "giving and granting"; and this, too, notwithstanding 
the wording of the preamble, that the Commons were "desirous 
to make some provision in the present session of Parliament 
toznards raising the said revemte," should have warned the colo- 
nists that Parliament, which thus asserted its supremacy, was 
already committing their fortunes to the uncertain fluctuations of 
future need. Such, however, was the fact, and expressions soon 
to be recurred to in wrath and passion fell almost unnoticed. 



PORT DUTY ACT : THE RESOLUTION. 253 

This marvel may be accounted for by reason of the attack not 
being a direct one, by the principle not being objectionable, by 
the process being one to which the colonists were more or less 
accustomed, and by the distinction between external and internal 
taxes operating in its favor. Thus, though disguised by a new 
title and differing in features from its predecessors, the measure 
met with customary recognition.' The most probable reason, 
however, is, that it was lost to view or confounded with what 
appeared simultaneously with it, and which, applying to all the 
colonies alike, raised such a gust of passionate protestation, that 
every thing that concerned the subject was borne before the blast 
in one commingled cloud. A great storm was now impending. 

This commotion was excited by the passage of a Resolution 
which set forth, that, in the colonies, *'it may be proper to charge 
certain stamp duties as are now paid in England," and which 
contained a notice that a bill to that effect would be introduced 
during the ensuing year. 

Mr. Grenville cannot certainly be charged with making haste to 
do evil. His march was as deliberate as was his determination to 
cast off the old policy and to adopt the new. Und,er the guise of 
giving the colonies ample notice to adapt their affairs to the new 
order of things, he reserved to himself all the time he desired to 
observe the effect of his shot. It must not be supposed, how- 
ever, that he was wedded to Stamp duties to the exclusion of any 
other means of raising revenue. These were adopted only be- 
cause they appeared at the time to be the best of all the means 

' Burke, " Speech on Am. Taxation." In Massachusetts, however, where Otis 
had enlightened the people, the protest was emphatic enough, as the following 
resolution of its Assembly shows : — " That the sole right of giving and gi^anting 
the Money of the people of that province was vested in them as their legal rep- 
resentatives ; and that the imposition ®f Duties and Taxes, by the Parliament 
of Great Britain, upon a people who are not represented in the House of Com- 
mons, is absolutely irreconcilable with their rights. That no man can justly 
take the property of another without his consent, upon which original principle 
the right of representation in the same body which exercises the power of niak- 
ing laws for levying taxes, one of the main Pillars of the British constitution, is 
evidently founded : That the extension of the Powers of the Court of Admiralty 
within this Province is a most violent infraction of the trial by Jury, — a right 
which this house, upon the principles of their British Ancestors, hold most dear 
and sacred, it being the only security of the lives, liberties, and property of his 
Majesty's subjects : That this House owe the strictest allegiance to his most 
sacred Majesty, King George III. — and that they have the greatest veneration 
for the Parliament." "A true State of the Proceedings in the Parliament, and 
in the Mass. -Bay," 5, 6. 



254 CONSTITUTIONAL LIBERTY. 

proposed. He was perfectly willing to substitute another whicli 
would produce the same results, and he even assured a member of 
Parliament, as well as the agents of the colonies, whom he brought 
together for the purpose, that, if they would name any other duty 
equally productive, but more to their taste, he would readily com- 
ply with their v/ishes. One thing, though, was to be well under- 
stood, that this was only a choice of taxes, and must not become 
a question of principle, for on that point his mind was made up, 
and if the Americans objected to being taxed by Parliament, 
they might save themselves the trouble of discussing what he had 
already determined upon.' 

After this curt announcement that the ancient system, which 
regarded the colonies as tributary to England only in respect of 
commerce, was at an end, and that the government had already 
substituted another under which they were to be viewed likewise 
as sources of revenue, there was nothing left for the colonists to 
do but to look out for themselves. The feeling which was aroused 
by the news burst forth at once from every part of the land. Un- 
like the case of the Writs of Assistance, this Avas a measure which 
concerned all the colonies alike." The colonists everywhere took 
but one ground — that their territory was a part of the British 
Empire; that they themselves were British subjects ; that Britons 
could not be taxed without representation ; that they were not 
represented ; and that, consequently, this Act, in taxing them 
without their consent, was illegal and tyrannical.' Should the 
secretary of state request aid, as heretofore, in the king's name, 
their legislatures would grant it ; but that must be their own act, 
and not another's. The tribal love of self-government had never 
before spoken out more distinctly or more positively. Massachu- 
setts and New York sent remonstrances — they were laid on the 
table ; Connecticut, Rhode Island, Virginia, South Carolina, and 

^ " In regard to the fifteenth resolution relating to the Stamp duty, it will 
certainly pass next session unless tlie Americans offer a more certain duty. Had 
not William Allen, Esq., been here indefatigable in opposing it, and happily 
made acquaintances with the first personages in the Kingdom and the greater 
part of the House of Commons, it would certainly have passed this session." 
" Lett. fr. London," N. V. Mercury^ June 4, 1764. And see Ld. Mahon's 
" Hist. Engd.," chap, xliii, and Burke's " Speech on Am. Taxation." 

^ See Otis' " Rights of the British Colonies Asserted and Proved " ; though 
he admits the right to tax. 1 

^ See the " Virginia Resolves," passed the following spring. 



THE STAMP ACT. 255 

Jamaica presented petitions — they were rejected in scorn witliout 
a reading, they were not so much as received, and, on the 2 2d of 
March, 1765, by a Parliament which had been deaf to Barre, 
and whose average attendance was not increased by the conscious- 
ness of any measure of especial importance being before it, the 
Stamp Act was passed,' and the members went tranquilly home. 
The ministry was delighted, and the king gave a joyful assent. 

It was not until October, that England heard of the reception 
the Act was meeting in America ; and what she heard was simply 
amazing : Parliamentary absolutism had met a rebuff at the 
very outset. Had a volcano suddenly upheaved the quiet fields 
of Warwickshire, the spectacle could not be more bewildering to 
English minds than what the drowsy communities of merchants 
and planters across the Atlantic then presented. Commotion 
reigned from one end of the country to the other. Deep, intense 
feeling prevaded all ranks, and for a time, it appears, profound 
silence had brooded over the land. Then, as with a rush of 
mighty waters, the whole mass was in motion. Tolling bells 
called the people together, who, in injured tones, broke away from 
the calm expostulation of decorous petition, and spoke, in indig- 
nant accents, the broken utterances of outraged feelings. Sons 
of Liberty harangued clubs of patriots. Flags were at half-mast. 
Bands paraded the streets playing dirges. Death's heads grinned 
from the newspapers, above whose heavy black lines stretched a 
serpent in pieces, with the motto, "Join or Die!" Ships were 
stopped in the lower bays until search proved them harmless. 
The efifigies of tax-collectors hung from trees ; those of a 
hated ministry went up in showers of sparks and cinders from 
pyres around which the rabble jeered and hooted. Mobs roared 
in. the streets, and honored officials, whose only crime lay in the 
fact, that, if this obnoxious law were carried out, they were the 
ones to execute it, were cut by their neighbors, insulted by the 
populace, and at last forced to precipitate flight. Governors, the 
representatives of Majesty itself, leaped from the rear of buildings 
whose fronts were already smashed in, and whose contents, five 
minutes after, were piled in the mud in indistinguishable heaps ; 
and custom-house officers, trembling at the sight of the halter, 
which dangled from the tree before the door, called God to wit- 

* See Appendix G. 



256 CONSTITUTIONAL LIBERTY. 

ness that they had already sent in their resignations. The whole 
land was seething and boiling over. This species of violence, 
however, was merely sporadic in a country which had no violent 
classes, save in the seaports, and it was soon over. It quieted 
down beneath the firm and determined pressure of law and order, 
and gave way to conduct much more significant. Solemn meetings 
were held, where the painful silence was broken by the tremulous 
tones of those who rose to lay before their neighbors their rights as 
subjects, and to insist upon the necessity of maintaining them. The 
coolest and best were there, and all of these were there ; the profes- 
sional men and merchants in the North, the planters in the South. 
The legislatures resolved, remonstrated, and appointed committees 
to correspond with each other. Some strange things appeared : 
the word "American " began to be used for " colonist," and in the 
Virginia House of Burgesses there was a flash of lightning so vivid 
that dazed and startled members actually cried out, Treason ! — 
and were told to make the most of it. But, whether the assembly 
was parliamentary or whether it was merely popular, it was all pne. 
The government party gave way before the rush. People and 
legislators' had but one notion of the Stamp Act, and came to 
but one resolution respecting it : that the thing was accursed, and 
that they would have none of it. Whereupon, when Parliament 
met, this was the state of things the colonies presented — no man 
dared to take it upon himself to distribute the stamps ; the offices 
and some of the courts were closed, and no public business could 
be transacted ; private business was wellnigh suspended, and all 
America was as one man against the government. 

But the people by no means confined themselves to an attitude 
of passive resistance. A very positive and significant fact ap- 
peared. Nine of the colonies were actually sitting together in 
congress in New York : the four remaining being in full sympathy 
with them, and absent only through the successful intrigue of the 
miriistry party. This congress, a stormy one, united in an address 
to the King and a petition to the House of Commons, both of 
which were rejected, and a hearing refused, on the ground that 
they emanated from a body unknown to the Constitution ; a good 

'As an evidence of the rapid progress of public opinion, the resolutions of the 
]\Iassachuselts House were adopted unanimously ; though Hutchinson says that 
three fourths of those who voted them had, only a session before, voted an ad- 
dress distinctly recognizing the right of Parliament to tax the colonies. 



REPEAL OF THE STAMP ACT : THE DECLARATORY ACT. 257 

reason for a doubtful act. This congress, and the word " Ameri- 
can," were the most ominous things of all the apparitions which 
walked the earth the dark night of the Stamp Act. 

No wonder England stood aghast. She had, however, two 
things in her favor : time for the sober second thought, and a 
change in the ministry already accomplished. Parliament Avould 
not sit for business until the 14th of the following January, and 
Grenville had gone out and Rockingham was in. This change in 
the administration could not but be acceptable to the Americans, 
and common-sense would have a chance to declare itself during 
the time that remained of the recess. Both conjectures proved 
true. The friends of the colonies worked hard to arouse public 
opinion, and the first efforts were soon seen in the respectful hear- 
ing given to English merchants, who were received with attention 
at the door where seven great colonies had been turned away. 
The session of 1766 is memorable for the debates on the Stamp 
Act. Pitt urged repeal, immediate repeal, and Rockingham, 
Dowdeswell, and Conway seconded him with all their might ; even 
Charles Townshend voted for it. The House was in earnest, and 
promptly consigned the subject to a committee, who, for six 
weeks, industriously collected evidence and thoroughly considered 
the matter. Then, upon their report, the old British self-control 
and common-sense asserted itself. By a majority, said Burke, 
that will redeem all the acts ever done by majorities in Parliament, 
it repealed the Act, and the ancient colonial system was reinstated. 
By this time all England was aroused, and the crowd which filled 
the lobbies in breathless expectation, burst into cheers when the 
result was announced. 

The news was sent off to the colonies. There went with it, it 
is true, a Declaratory Act which asserted the right to tax ; but in 
the joy of the moment this was regarded merely as a bridge pru- 
dently built for a flying enemy, and, pushed out of sight, was as 
speedily out of mind. Every ear heard but the cheers in the 
lobbies, and every tongue rung but one word ''repeal." The 
Americans were again free Britons, and in the common gladness, 
bonfires blazed in their streets, and the peals from the steeples of 
Christ Church and the Old South answered the merry-go-round 
of Bow Bells. At once the agitation ceased. People and Legis- 
lature outvied each other in assurances of reverence for the Parlia- 



258 CONSTITUTIONAL LIBERTY. 

ment that had saved their liberties from itself, and in protestations 
of loyalty to the best of kings, who could hardly control himself 
sufficiently to sign the " fatal compliance." God had interposed 
in their behalf ; the Prince of Peace himself had walked the waters, 
and, at his word, the winds went down and the waves were still. 

Four new facts, which were powerfully to affect the destinies 
of America, constituted the outcome of the Stamp Act matter. 
The first was the awakening of the colonies to the existence of 
absolutism which had for its object the curtailment of their rights. 
The second was a sense of capacity to take care of themselves in 
the senate as effectually as they had already demonstrated their 
ability to defend themselves in the field. The third was the 
universal acceptation of what until then had been doubted and 
opposed, that, in the union of the colonies was strength. The 
fourth was, that two great parties sprung into existence in America. 
To these may be added, not as a positive force, but as an accretion 
which had its favorable influences, the greater appreciation in 
England of American character, and a more lively sense of kinship 
with Americans. The colonists then became recognized, by the 
Whigs, at least, as something more than mere extremities of the 
body of which England was the head, as something more than 
mere feeders to the general system, and as having brains and 
character of their own. Between them and the Whigs there 
sprung up a strong feeling of alliance, and the time was not far 
distant when statesmen like Chatham and Burke shocked insular 
prejudice by mentioning their senates and those of Athens and 
Rome in the same breath. 

But, alas for the Declaratory Act ! It was the wicked fairy 
that set at naught all the precious gifts the good fairies had given 
the little princess. When they had departed, she remained, and 
when the joy over what had been lost and was found again had 
died away, this it was that then began to make mischief. In 
looking back upon the story of those days, the conviction cannot 
be avoided, that had it not been for the Declaratory Act, the 
independence of the colonies had never occurred. There would 
have been no necessity, no provocation for such a step. Without 
that Act the triumph over absolutism would have been decisive. 
The struggle would have been brief . and even less eventful than 



CHARLES TOWNSHEND. 259 

the Revolution of 1688 ; j'et the result would have been as 
effectual. But, as it was, when the smoke of the bonfires had 
drifted away and men could see clearly, it was evident, that, 
though the measure had been defeated, the hostile principle 
remained. Indeed, it was too plain, that, in the Declaratory Act, 
absolutism had made another positive assertion of its determina- 
tion to rule ; that in fact, it had taken a long step forward. This 
was a great gain, when it is considered, that, for the first time 
since the days of the Tudors, absolutism was favorably recognized 
by the people of England themselves, and that their determination 
to enforce it had been actually enrolled in their archives. Hereto- 
fore, it had been but a disputed question ; now, it became a living 
force and a rule of action for British power. There it stood, pro- 
claimed to the world, and no one could go behind it or around it. 
Absolutism had the oyster and liberty held the shell. 

Nevertheless the people both in America and England thought 
that they had settled things on the old foundation. They were 
not permitted to hug their delusion long. In a short time Pitt 
entered the Lords, and Townshend led the Commons. 

Charles Townshend was a man whose versatility of genius was 
only equalled by his versatility in trimming. He was not fickle ; 
on the contrary, he was steady in his contempt of principle and 
in his resolution to do the best for himself with whatever hap- 
pened to be at hand. There was no such thing in the man's 
whole character as one fixed and stable political principle, unless 
it were that all profit, and all glory, should enure to the benefit of 
England, cost what it might to the rest of the British possessions ; 
that all power should centre in the throne ; and that all distinc- 
tion should rest upon himself. His contemporaries styled him 
" the Weathercock," and it is doubtless to his vacillating dis- 
position which, in making him " every thing by turns and nothing 
long," prevented the identity of his name with any one great 
principle, that is owing the fact of his posthumous fame being 
wholly incommensurate with that which he enjoyed in his life- 
time. For, the man who carried the House with him whenever 
he opened his lips, and whose memory compelled the panegyric 
of Burke, did enjoy a great, a very great reputation. The very 
audacity with which Townshend flung his glove into the lists 



26o CONSTITUTIONAL LIBERTY. 

challenged the admiration of the spectators. His methods were 
violent. He was a bundle of contrarities ; on the one hand he 
courted opposition, and on the other he clung to the majority. 
He took delight in coolly shocking received notions of political 
conduct, and found exquisite pleasure in the commotion his 
effrontery excited. Arrogant, imperious, with him defiance was 
the sport of the hour. If there was one impulse in this political 
ruffler more powerful than selfishness, it was his devotion to abso- 
lutism. This was the sole mistress to whom he was constant. 

Such was the leader of the House of Commons at a time when, 
above all others, it was necessary that the true relations between 
the mother-country and the colonies should be steadily kept in 
view, when the temper of Britons at home and abroad should be 
thoroughly understood, when, if any new maxim of administra- 
tion were to be adopted, it should be that of Bear and Forbear, 
and when the art of healing was more loudly demanded than that 
of estranging. No sooner did this mischief-maker become the 
master spirit of the cabinet than he showed his hand ; and thus 
he did it : 

" It has long been my opinion," said he when addressing the 
House a few months after the repeal, " that America should be 
regulated and deprived of its militating and contradictory char- 
ters, and its royal governors, judges, and attorneys be rendered 
independent of the people. I, therefore, expect that the present 
administration will, in the recess of Parliament, take all necessary 
previous steps for compassing so desirable an event. * * * 
If I should differ in judgment from the present administration 
on this point, I now declare that I must withdraw. * * * j 
hope and expect otherwise, trusting that I shall be an instru- 
ment among them of preparing a new system." ' He declared 
himself ready, if called upon, to use the army in collecting the 
revenue, and, that there should be no misconstruction put upon 
his vote for repeal, he averred that he voted for it, not because 
the Stamp Act was not a good measure, but because repeal was 
expedient. Repeating this assertion for the benefit of the gal- 
leries, he added : " After that, I do not expect to have any statue 
erected in America." 

Accordingly, in May, 1767, there were introduced into Parlia- 

' From manuscript report in " Bancroft,'" vi, 10, quoted in " Frothingham," 203, 



THE TOWNSHEND ACTS. 26 1 

raent what are now known as the Townshend Acts. They were 
passed and received the royal assent, though, as had been the case 
with the Stamp Act, they were not to go into force until the No- 
vember following their passage. These acts imposed duties on 
glass, paper, painters' colors, and tea ; they established a Board 
of Customs at Boston for the collection of revenue throughout 
America, and they legalized the Writs of Assistance. It will be 
seen that Townshend did not deal in half-way measures ; he went 
back to the beginning, and he went, too, further forward than any 
one had ventured to suggest. Not only was revenue directed to 
be collected, but the machinery for collecting it went out in the 
same vessel that carried the authority ; and, that nothing be left 
upon which to found a protest or an evasion, the odious Writs of 
Assistance were brought to life again and legalized. But the Act 
which imposed duties did not stop at mere revenue : it went 
further. At one stroke it centralized all power in the im- 
perial government and boldly established English supremacy. 
This was done at a , stroke by stating in the preamble, that 
the ensuing duties were laid for the purpose of providing a fund 
wherewith to maintain the colonial governments and the colonial 
defence ; the inference to be drawn being, that the act would 
enure to the benefit of the colonies, inasmuch as it was in- 
tended to expend there the moneys so raised, in paying the ex- 
penses of the governments and of the "ourts, and in maintain- 
ing the common defence. 

Thus a people who needed no defence, and who jealously held 
sacred the right of maintaining their own courts and governments, 
were to be bribed into acquiescence to despotism by the promise 
of getting back the money unlawfully wrung from them. No more 
artful trick whereby to rob free people of their liberty, and no 
more unworthy one ever disgraced a minister or legislature. The 
scheme was simply this — to establish a despotism by an appeal to 
the avarice of those despoiled. To uphold such a project, it was 
fitting that recourse should be had to the bad and ignoble qualities 
of human nature rather than to the good and noble. Heretofore, 
the internal governments of the colonies had been their own. 
They themselves paid their governors, their legislatures, their 
judges, and it was they who provided for their own defence ; they 
were, as we hjive seen, self-governed. Now, on the contrary, it 



262 CONSTITUTIONAL LIBERTY. 

appeared that the right of self-defence was to be taken away, that 
their courts were to be constituted of those who had deprived 
them of this right, and that their governments were to be made 
independent of them and placed absolutely in the hands of their 
rulers ; and for all this they were to pay with their own substance. 
There was no pretence of commercial regulation ; that idea was 
scouted. The Townshend Acts were political ; there was no 
mincing of words about it, and the avowed object was the central- 
ization of power into the hands of Parliament. Absolutism had 
thrown down the gauntlet : it would now attack by storm what it 
had previously been content to gain by sap.^ 

Before the acts went into effect Charles Townshend died, and 
the administration staggered on, deprived of the guidance of Lord 
Chatham, who, for more than two years, was held in the strictest 
seclusion by reason of ill-health : a great calamity for England, 
for now, more than at any time since the days of the Stuarts, she 
was to need coolness of judgment, tact, prudence, and firmness 
in action, self-control, and the exercise of that rarest of arts in 
governing, the art of waiting in calm and serene patience. But, as 
the event proved, she was as ill provided in moral qualifications 
for the task she had set herself to perform as the colonists after- 
ward were in physical means for the struggle which closed the 
conflict. The battle was, after all, not to the strong in arms but 
to the strong in spirit. 

At once the war between parliamentary absolutism and local 
self-government broke out with a stubbornness which lasted until 
one side had, by the accomplishment of its political independence, 
acquired the victory over the other. Virginia and Massachusetts 
came to the front. Agreements not to import the products of 
Great Britain were eagerly signed in the colonies, and were lived 
up to with a consistency and spirit which is wonderful when it is 
considered how irksome and galling this deprivation of home com- 
forts and personal necessities must have been. From Pennsylvania 
"The Farmer's Letters" of John Dickinson circulated throughout 
the whole country with a rapidity which showed how all-engross- 
ing was the subject then uppermost in the public mind, and met 
vv^ith a welcome whose warmth displayed the enthusiasm of the 
people, and their determination to maintain their rights. 

' Knox's " Extra-official Papers," ii, 26. 



THE CIRCULAR LETTER. 263 

The Legislature of Massachusetts sent a Circular Letter to the 
Assemblies of the other colonies, in which was set forth the neces- 
sity of all acting together harmoniously, and of freely communi- 
cating the mind of each to the others. The course Massachusetts 
had pursued was described, with the contents of the petition and 
letters which had been written, and with the hope expressed that 
she would have their cordial co-operation in resistance to the 
ministerial measures. The notion that political independence was 
aimed at was strenuously denied, and the trust was uttered that 
what had been done would meet the approval of their " common 
head and father," and that the liberties of the colonies would 
be confirmed. This Letter elicited response from some, others 
returned none officially, but all who answered replied favorably. 
It gave, however, the greatest offence to the ministry, and partic- 
ularly to Lord Hillsborough, the Secretary of State for the Colo- 
nies. It seems that he read it entirely by the light which a letter 
from Governor Bernard to Lord Barrington had shed upon it, 
This epistle declared the real motive of the colonies to be a 
determination to be independent. Hillsborough, filled with this 
idea, communicated it to the other members of the cabinet, and 
thus the Circular Letter was laid prejudged before them. It was 
determined that it merited notice, but that the only notice to be 
given it should be one of censure, and, on the spur of the moment, 
they resolved upon two things : to require the Massachusetts As- 
sembly to rescind the Letter, and to require the other legislatures 
before whom it had been laid to reject it. This was done, and 
the consequences were, that the General Court, or Legislature, of 
Massachusetts voted, by ninety-two to seventeen, that they would 
do nothing of the kind, and that the other legislatures gave the 
outcast a hearty Avelcome. As for the people, they showed their 
approval of their representatives by toasting, from one end of the 
country to the other, " The unrescinding Ninety-two," with whom 
was coupled the number Forty-five, or that of the famous " North 
Briton"; while the Bostonians added fuel to the flame by a riot on 
the score of the sloop Liberty^ in which they attacked the houses 
of the Commissioners of the Customs, and made a bonfire of the 
Collector's boat. Shortly afterward, (but not by reason of the 
riot), four ships of war anchored in Boston harbor, and two regi- 
ments of soldiers were quartered on the town. 



264 CONSTITUTIONAL LIBERTY. 

The Circular Letter, the action of the legislatures, and the 
general contumacy of the people, attracted the attention of all 
western Europe, and when Parliament met in 1769, its agitation 
at once showed its deep feeling of resentment against the colonies, 
and particularly against Massachusetts and the city of Boston. 
The absence of Lord Chatham at this juncture cannot be too 
deeply deplored. None but he was capable of awing the resent- 
ful into prudence. The king called attention in his speech to 
what had been done in Boston as subversive of the Constitution, 
and indicative of a tendency to independence of Great Britain. 
Sixty papers bearing upon colonial affairs, and all condemnatory 
of the late doings, were laid before Parliament, which, in both 
Houses, expressed its opinion, that the action of Massachusetts 
was derogatory of the dignity and rights of the Crown and Par- 
liament. Lord Mansfield gave it as his opinion, that the members 
of the General Court had been guilty of contumacy in refusing to 
rescind the Circular Letter, in sitting in a self-called convention, 
and in various other ways, and that they should be summoned to 
England to account for their conduct. Whereupon, Lord Hills- 
borough moved, that censure be passed on that body, and also 
upon the Boston town-meeting, which was done ; and the Duke 
of Bedford, smarting under the action of the Grand Jury, which 
had separated without bringing in true bills against the rioters, 
pushed through a joint Address to the King, begging His Majesty 
to obtain the fullest information, so that, in case of sufficient 
grounds, the statute of 35 Henry VHI. might be enforced, and 
the offenders brought to trial in England, before a special com- 
mission. To point the moral, the king knighted Bernard. 

This revival of the law of Henry VIIL, which had become 
obsolete, from the very fact that it was a part of that despotism, 
which for generations had not dared to show its head in England, 
was neither politic nor justifiable. It is due to a portion of the 
English press to say, that this step of Bedford excited alarm, and 
that it met with vigorous protestations, in which it was averred, 
that the bloody axe of Henry VIH. had been scoured up and 
whetted for the necks of poor Americans. One might suppose that 
the sight of this engine of despotism so quickly dragged out of its 
liiding-place, would have inspired salutary reflection. Free people 
have no use for such things, and the question might naturally arise, 



THE VIRGINIA RESOLUTIONS. 265 

What is the meaning of this, and here among a free people ? That 
such thoughts did intrude themselves, there is no doubt ; but there 
are none so blind to despotism as those who. desire it and those 
who enforce it. King, Parliament, and people, all were seeking to 
make their power felt by their dependencies ; so far forth they 
wished a despotism, and, having one, were bent upon imposing it 
on those whom they deemed powerless to help themselves. Eng- 
land's head was turned by the glories of the late war, and the 
magnitude of her armament. Her pride no longer lay in dispen- 
sing the bounty and extending the protection of a mother, but in 
making her children feel the weight of her power. It is a sad 
state of affairs, when a parent had rather that her child be bound 
to her by fear than by affection ; yet, such was now the spirit that 
pervaded the mother-country. 

The colonies might well have been appalled. With an armed 
force quartered on their soil, with the people of England united in 
indignation against them, with the King never mentioning them 
except in terms of bitterness, with the Commons' table loaded with 
bills aimed at their liberties, and with even the names of their lead- 
ers bandied about the floor as the names of men for whom the gal- 
lows was waiting, it was now their turn to stand aghast. But they 
did nothing of the kind. Massachusetts turned her head in mute 
appeal. It was not in vain : Virginia stepped promptly forward, 
and opposed her breast to the blast. 

For many years Virginia had been without a governor. It was 
deemed a happy stroke of policy at this time, to send her one 
whose amiable disposition would give assurance of the kindness 
still felt for the colonies in the royal closet from which he was 
dispatched. There can be no question of Lord Botetourt's ap- 
pointment being a conciliatory act ; nor of its being, as far as it 
went, a politic act. Though he lacked force, his gentleness, 
amiability, and dignity made up the deficiency, and, altogether, 
he was one who would have been in every way suited to a people 
who delighted in the courtesy of V ancien regime., had the times 
been such as to give to manners the precedence of principles. 
That the appointment was a pleasing one, is shown by the fact, 
that though Botetourt came in a whirlwind and departed in one, 
the Virginians gave him what Charles Townshend declared he 
did not expect for himself, a statue. But, welcome as the new 



266 CONSTITUTIONAL LIBERTY. 

governor might be, the gale held on its course. The planters 
heard with polite deference the whisper that his Excellency would 
be gratified if they kept silent on political questions, and answered 
it by the Resolves of May 16, 1769, which were received with one 
acclaim throughout the colonies. 

They resolved : that the sole right of imposing taxes upon them 
lay in themselves ; that it was their undoubted privilege to peti- 
tion their sovereign for redress of grievances, and to procure the 
concurrence of His Majesty's other colonies, in dutiful addresses, 
praying the royal interposition in favor of the violated rights of 
America; that all trials for any crime whatsoever done in the 
colonies ought of right to be had before the colonial courts, ac- 
cording to the fixed and known course of proceeding, and that 
seizing any persons suspected and sending them beyond the sea 
to be tried, was highly derogatory of the rights of British subjects, 
as thereby the inestimable privilege of being tried by a jury from 
the vicinage, as well as the liberty of summoning and producing 
witnesses, would be taken away from the party accused ; that an 
address be prepared assuring His Majesty of their inviolable at- 
tachment to him and his government, and to beseech his royal 
interpositioH, as the father of ail his people, to quiet the minds of 
his loyal subjects of that colony, and to avert from them those 
dangers and miseries which would ensue from the seizing and 
carrying beyond sea any person residing in America, suspected of 
any crime whatsoever, to be tried in any other manner than by the 
ancient and long-established course of proceeding. And they 
ordered their Speaker to transmit, without delay, to the Speakers 
of the other legislatures, a copy of the resolutions, and a request 
for their concurrence. Whereupon, the amazed Botetourt could 
only gasp out his abhorrence of the whole proceeding, and tell the 
planters to go home. 

The Virginians being in no mood for returning home in such a 
fashion, held a meeting in " the Apollo," and united into an as- 
sociation to carry out the non-importation agreement ; an exam- 
ple speedily followed by all the other colonies, but one. As for 
the legislatures appealed to, they concurred heartily. 

Although both sides were now confronting each other as an- 
tagonists, actual hostility was something which came much later. 
The policy of Great Britain was indeed inimical to the liberty and 



HALF MEASURES: THE TEA ACT. 26/ 

peace of America, but this enmity was not yet shown by her deeds, 
— though these were unquestionably becoming threatening. On 
the contrary, it accorded with this poHcy to assume and maintain 
as long as possible a conciliatory aspect : it was the colonies who 
were to wear the appearance of being in the wrong, not England. 
Nothing was easier to effect than this, inasmuch as, so long as the 
Declaratory Act stood on the statute book, measures might be 
changed at will. The appointment of Lord Botetourt, as has been 
seen, was one of those conciliatory acts which left the principle as 
unfettered and vigorous as ever; the recall of Bernard was an- 
other, and we have now to notice still another of the series, which 
continued until they and the odious principle they masked were 
at last contemptuously flung to the ground together. 

In the spring of 1770, Lord North took advantage of a petition 
from the London merchants to modify his policy by moving a 
partial repeal of the act imposing revenue. This motion was not 
made until after full deliberation and a consultation which re- 
vealed a great division of opinion in the cabinet. The question 
before the ministers was, Shall or shall not the imposition of the 
new import duties laid upon America be persevered in ? Lord 
Chatham was still absent, but the Duke of Grafton was for repeal 
and total repeal. Lord North, too, was for repeal, but for repeal 
of such a sort as would not reflect in the slightest degree on the 
principle involved. This, he thought, could be effected by the 
retention of the duty on tea, which was not a British product, and 
which would preserve the principle of the right to tax while the 
measure would be shorn of its obnoxious features. The king 
thought so too; "there must always be one tax," said he, "to 
keep up the right." On the question being put to vote it was 
determined, by a majority of one only, that the policy should 
be persevered in, but that the measure should be modified. 
The king and his advisers took great credit to themselves for 
this concession and for the self-control and magnanimity it in- 
volved. 

Accordingly the Act was thus partially repealed, though the 
whole Opposition, except Grenville, who, by not voting, displayed 
irresolution, were for absolute repeal. The right was but a 
shadow, they said, the profit but a peppercorn : and well might 
they say so, for, during the past financial year, the 6uty on tea 



268 CONSTITUTIONAL LIBERTY. 

from all America had produced less than three hundred pounds 
sterling.' 

But that the right was a shadow only, was by no means so con- 
sidered by the absolutists, who proceeded to prove, in the most 
positive way absolutism has ever been able to adopt, how substan- 
tial it was. Henceforth the government of the colonies was, as 
far as it could be effected, a government of ukase, of imperial 
rescript, or, as then termed, of Royal Order. From this time 
there issued directly to the governors Royal Instructions, under 
the king's signature, and with the privy seal annexed. The 
position was taken, that though the king, like his subjects, was 
under the law in England, he was above it in the colonies. Lord 
Granville said to Franklin, that the king's instructions, when 
received by the governors, were laws of the land, " for the King 
is the legislator of the colonies " ^ ; an expression to be considered 
as conflicting with the doctrine of parliamentary supremacy, were 
it not that such supremacy really meant absolutism which acted 
through Parliament, but which had its true source in the throne. 
It was not the first time the throne had made the imperial legis- 
lature its instrument, but it was the first time it had succeeded in 
using the people of England themselves. That such was the case 
is disclosed by the language of the people everywhere no less 
than by the action of their representatives in Parliament. Mo- 
nopoly, as has been seen, upon a former time, moved from the 
corporations and nobles to the commonalty, and now absolutism 
had stepped from the throne to the streets. Every Englishman 
demanded that the Americans look upon him as one of their 
sovereigns. "Everyman in England," said Franklin, "* * * 
seems to jostle himself into the throne with the King, and talks of 

^Ald. Beckford's statement, " Cav. Deb.," i, 400. During this year, 1770, 
George Grenville died. He was not a great man, but he was earnest, and, at 
heart, disposed to do good : but he did not know how to effect his ends, and he 
was continually under the delusion that government lay solely in Acts of Parlia- 
ment and Orders in Council. He was a functionary, not a statesman. One 
cannot read his last recorded expression on American taxation without feeling 
that he was conscious of the great mistake he had made. " Nothing," said he, 
" could induce me to tax America again, but the united consent of King, Lords, 
and Commons, supported by the united voice of the people of England. * * 
* I will never lend my hands toward forging chains for America, lest in so 
doing I should forge them for myself." — "Cav. Deb.," i, 496. Were the con- 
ditions omitted from this acknowledgment, the Americans would regard his 
atonement as complete. 

''Sparks' "Works of Franklin," vii, 550. 



ROYAL INSTRUCTIONS. 269 

our subjects in America." ' With the moral support of Lords and 
Commons thus offered it, the King found no ooposition at home 
thrown in the way of his Royal Instructions. 

These instructions followed each other thick and fast, and were 
as various as the circumstances which demanded them. No two 
were alike for two places, for diversity was sought as a feature 
favorable to the prevention of a general issue by the colonists. 
They ignored colonial laws, required the dissolution of the legis- 
latures, removed them from their accustomed places, negatived 
their choice of speakers, directed the governors to withhold their 
assent from tax bills, and seemed to be formed on the assumption • 
that all power was to emanate from the royal closet, that a per- 
sonal government was the one ordained of God for the colonies, 
and that constitutional liberty did not exist for those who dwelt 
beyond the boundaries of the British Isles. The bureaucracy 
meddled with every thing ; even in support of the slave trade, 
which called forth the indignant protests of Virginia and Massa- 
chusetts against that inhuman traffic. Whenever absolutism once 
feels the ground growing firm beneath its feet, it takes upon itself 
the shape of a personal government, with all those features, so 
odious to the Saxon mind, of direct action, absence of parlia- 
mentary deliberation, secrecy, and closet administration. Nothing 
discloses the subordinate and instrumental part played by Parlia- 
ment so well as these Royal Instructions. As soon as the crown 
felt itself strong enough, it ignored the notion of a parliamentary 
government as much as the Americ-ans did, an-d had not the Eng- 
lish people been bfinded by their arrogance, they would have seen 
how purely artificial the term parliamentary absolutism is. Re- 
flection should have taught them from their own history, that 
there is really but one continuing absolutism, the one which ap- 
pears on the throne the moment the iron is magnetized enough to 
draw the particles ; that the absolutism of a people is not a per- 
sistent active force, but a temporary disorder which in time cor- 
rects itself, and that the only part they or the Parliament which 
represents them can play, is that of being the tool of him who holds 
the actual power. However, though free themselves, the English 
were now enjoying the intoxication of playing despot to others, 
and there was no hand to stay them ; for, from Grenville's last 

'/af., vii, 468. 



2/0 CONSTITUTIONAL LIBERTY. 

words in Parliament, there seems to have been but one man of 
all those who wrought the mischief sober enough to suspect, that, 
in forging chains for others, he might be forging them for him- 
self. 

For awhile the ukase administration seemed to be acceptable 
even to the victims. Under the intolerable pressure of personal 
deprivation, the non-importation agreement was broken, and the 
colonists fell to quarrelling among themselves and calling each 
other hard names. The Boston massacre, which had created in- 
tense excitement in both countries, appears to have served the 
purpose in America of relieving the public mind of the hatred 
then poured out on England and every thing English. But the - 
troops had been withdrawn, and a disposition to let things alone, bad 
as they were, began to make itself felt. Repeal, such as it was, was 
having its effect, and the ministry party in the colonies began to 
flatter themselves, that "the reaction," that dream of Bourbonism, 
which always takes hope when revolution stops to take breath, 
had surely set in. 

One great effect of the Stamp Act had been to call into exist- 
ence two parties in America, which, like those of England, were 
called Whig and Tory. So distinct, however, were the provinces, 
and so sluggish the disposition to unite, that, in the Whig or 
patriot party, there was little concert of action. There could not 
be ; for what existed of that party in each colony was bounded by 
the limits of that colony, and, in fact, there may be said to have 
been as many such parties as there were provinces. Apathy had 
fallen upon the land, but the apathetic pauses of revolution are 
invariably brooding, and this was one of them. The American 
leaders were none the less conscious that something had to be 
done to deliver the people from the body of that death, notwith- 
standing that the people were muttering for a little more slumber, 
a little more folding of the hands tojrest. For the moment it seemed 
as if there was nothing which was available to break the dangerous 
lethargy. The pertinacity of the cabinet, however, soon came to 
their relief. Though the duties on glass, paper, and paint, had 
been repealed, the preamble of the Act imposing them had not 
been, and the purpose to make the colonial governments and 
courts English instead of American still stood out boldly from the 
statute book. That purpose was now to be enforced through an 



COMMITTEES OF CORRESPONDENCE. 2/1 

order of Hillsborough, that the judges and their subordinates 
should be paid from the imperial treasury. This was followed by 
a declaration of Lord Dartmouth, that the King had the right to 
make such provision. " The blind may see, the callous must feel, 
the spirited will act," cried Josiah Quincy ; and Samuel Adams, 
seeing that the hour had struck, now bent himself to the task of 
organizing one party throughout America. At a town-meeting, 
called to consider this salary question, Adams moved that a com- 
mittee of correspondence be appointed. The motion was carried. 
This example was everywhere followed throughout New England, 
and eventually in the other provinces, and henceforward the 
"committees of correspondence" figure on every page of the 
revolution. This movement, even when still confined to New Eng- 
land, was formidable, and the astute and far-reaching Hutchinson, 
delaying not for instructions from London, boldly threw himself 
in its path and denounced the committees of correspondence as 
hostile to the Constitution. The encounter which ensued was 
eagerly observed from both sides of the Atlantic. To the annoy- 
ance of the cabinet, it brought out that dread of absolutism, a dis- 
cussion of first principles, before which the unsupported Hutchin- 
son at last had to retire, covered with the ridicule of enemies and 
the reproaches of friends. 

Still the remaining colonies did not evince a disposition to 
throw off tlieir indifference, and the Bostonians were yielding to 
disappointment, when a Royal Instruction arrived creating a 
Commission to inquire into the circumstances which resulted in 
the burning of His Majesty's schooner Gaspee in the Rhode 
Island waters, to order the arrest of the parties charged, together 
with the witnesses, and to call for assistance, if any were needed, 
upon the commander of the army in America, who was instructed 
to supply it. When the arrests were made, the parties arrested 
were to be sent to England for trial. 

This actual violation of the right to trial by jury, with the spec- 
tacle of the British army in readiness to strike the right down should 
it attempt to assert itself, aroused every instinct of the freeman. 
Nevertheless, the tameness of overawed Rhode Island was such 
as to provoke a taunt from Greene, the future antagonist of Corn- 
wallis in the Carolinas. Virginia, however, took up the matter at 
once, and, through her young progressives, sounded the alarm to 



2/2 CONSTITUTIONAL LIBERTY. 

all the colonies in a set of resolutions, which, for the first time, 
referred to the action of all the British colonies in America, with- 
out limitation. These resolutions, which were unanimously 
adopted, provided for a standing committee *' to keep up and 
maintain a correspondence and communication with her sister 
colonies/' and was the first effective legislative action of the kind. 
''Full scope," wrote Richard Henry Lee, "is given to a large and 
thorough union of the colonies, though our language is so con- 
trived as to prevent the enemies of America from hurrying this 
transaction into the vortex of treason." Five colonies at once 
responded with resolutions to cooperate. The silence of irresolu- 
tion hung over the remaining seven. Another aggression was 
needed to stir timidity into boldness. It soon came, and the pro- 
longed quiet was abruptly broken by an affair which riveted at- 
tention upon the colonies, and did much to hasten their revolt. 



CHAPTER XI. 

The Conflict with Absolutism — Continued. 

THE affairs of the East India Company had fallen into bad 
shape. Child's panegyric had been written in vain. Their 
embarrassments were attributed to bad management and to the 
refusal of one of their best markets, the American, to take their 
teas on any terms so long as they were burthened with duties. 
The colonists drank tea none the less, it is true, but they smuggled 
it from the rivals of the East India Company, the Dutch ; a fact 
which only served to aggravate the evil. Two things occurred, in 
consequence, to embarrass the company : an enormous glut which 
crammed the warehouses, and an empty money-chest. In its dis- 
tress the company appealed to the government, who undertook 
to relieve it by a loan of ;^i, 500,000 sterling. In order to reim- 
bursement, however, it was necessary to take another step, namely, 
to effect the sale of the teas. In 1772, on a renewal of the Tea 
Act, an act granting a drawback of three fifths of the English 
duties of customs on all teas sent to the colonies was passed. 
Still the Americans would not take the teas. In order to over- 
come this perversity. Lord North now, April 27, 1773, proposed a 
drawback on teas going to America of the whole duty payable in 
England, and that the company should be at liberty to export its 
teas directly to the colonies, which, under the Navigation Acts, as 
we have seen, could not then be done. In this case, the teas, when 
landed on American wharves, would be subject only to the dutj 
of three pence imposed by the Act of 1767. As this would en- 
able the Americans to get their teas cheaper than from the Dutch, 
no doubt was entertained of the colonial market opening itself to 
the company, which, in turn, would be relieved of its surplus, and 

273 



274 CONSTITUTIONAL LIBERTY. 

reimbursement would be assured, while the three pence, which 
would not be felt in the paying, would be enough to keep the flag 
of principle flying, and satisfy the royal mind respecting the one 
tax necessary to maintain the right. 

It will be observed, that in this, as in every measure brought to 
bear upon them, the Americans were to admit the right of Great 
Britain to tax them without representation, as a first step, and, as 
a second, they were to pay in cash for making the admission. So 
long as the colonies were maintained by England for commercial 
reasons, it was natural and proper that her legislation should bear 
the ear-marks of trade. But when, in addition to commercial regu- 
lation, she adopted a policy purely political, it is but reasonable 
to expect that her action in that respect should be free from even 
the suspicion of thrift. This, it seems, was to expect too much. 
" They have no idea," wrote Franklin, " that any people can act 
from any other principle than that of interest," and, accordingly, 
all of England's dealings with her colonies are marred by those 
offensive peculiarities which smack of the shop. This was galling 
in the extreme to a people who, outside of their few seaports, had 
no trading classes, and it served to aggravate the irritation every 
measure of this commercial power excited.' 

* During the year 1773 there occurred two expressions of feeling which dis- 
played the sense of injury felt by one side, and the contempt entertained by the 
other. The first was the publication of two satires by Dr. Franklin, then re- 
siding in England as a colonial agent, entitled respectively, " Edict of the King 
of Prussia," in which Prussia exacts revenue from the people of England on the 
ground of their Teutonic origin, and " Rules for reducing a Great Empire to a 
Small One," the tenor of which may be judged from the following paragraph : 
" In the first place, gentlemen, you are to consider that a great empire, like a 
great cake, is most easily diminished at the edges. Turn your attention, there- 
fore, first to your remotest provinces, that, as you get rid of them, the rest may 
follow in order." — " Works," iv, 387. 

The second was one in which the same person figured, but in a different ca- 
pacity from that of author. A Mr. Thomas Whately, formerly private secretary 
of Mr. Grenville, and later Under Secretary of State, died, leaving among his 
effects a package of personal correspondence with Gov. Hutchinson and Lt. 
Gov. Oliver, of Massachusetts. These letters, in some mysterious way, came 
into the hands of Dr. Franklin, under an injunction of secrecy and a pledge 
that he would never reveal the name of him who disclosed them. This pledge 
Dr Franklin kept, but he forwarded the letters, or a copy of them, to the 
Speaker of the Massachusetts House of Assembly, still under the imposition of 
secrecy. Another copy, however, coming under no condition of secrecy, as it 
was alleged, was published. The effect was, to cause such indignation that a 
petition was ordered by the Assembly to be transmitted to Dr. FrankHn for 
presentation to the king, asking the removal of Hutchinson and Oliver. The 
matter was referred to the Council, before whom the petitioners appeared by 
their counsel, Lee and Dunning, and Hutchinson and Oliver by their counsel, 



THE TEA OVERBOARD. 2 75 

Had the Boston Caucus and the young progressives of " the 
Raleigh " deliberated a lifetime, they could not have gained their 
object so speedily and effectually as the sight of a ship loaded 
with East India tea did for them. What legislative resolutions, 
circular letters, and all the devices of politicians had failed to do, 
this visible, sensible, palpable fact effected in the twinkling of an 
eye. The old Stamp-Act feeling burst forth stronger than ever. 
At Boston, the people pitched the tea overboard ; a deed which 
was greeted throughout the colonies by the ringing of bells, and 
the stoppage of the tea ships before they touched the wharves. 
The committees of correspondence sat from day to day, '' like a 
little senate," as Hutchinson said. The popular party everywhere 
acquired great strength, and when the legislatures next came to- 
gether, six more colonies were in solemn though active cooperation 
with Virginia. The colonies were practically united, and men 
again began talking of a congress. 

The news of the reception the tea had met with in America had 
a natural but none the less unhappy effect on the government and 
the people of England. Heretofore, they reasoned, those contu- 
macious people have confined their opposition to paper demonstra- 
tions — for the Boston massacre was in the nature of a riot rather 
than a rebellion — demonstrations, which, though aggravating, have 
nevertheless not been hostile, and their resistance has been of that 

Wedderburne. The affair caused great talk in London, and the room was 
crowded with the leaders of the Whigs and Tories. From the very beginning 
it was apparent that the Council regarded the doubtful mode by which the let- 
ters were obtained as something of much greater importance than the question 
at issue, viz. : whether or no the misrepresentations and animosity revealed in 
the correspondence justified the retention of the accused in positions requiring 
so much judgment and impartiality as those they then filled. Wedderburne, 
sustained by the unconcealed sympathy of the Council, was in his element. He 
scowled and roared. He did not stop with making fun of the doctor and jok- 
ing about philosophers acting as go-betweens. He pilloried him for the con- 
tempt of the world as one who in ancient Rome would be called the man of 
three letters, and he held the Yankees up to the ridicule 'of judges who re- 
ceived his buffoonery with roars of laughter, and who answered his malignity 
with sarcastic witticisms. Finally the scene was brought to a close, and a de- 
cision was entered in favor of Hutchinson and Oliver, with the extra judicial 
opinion appended, that the petition was based on " false and enormous allega- 
tions, and was groundless, vexatious, and scandalous." Two days afterward, 
Franklin, who was likewise a postmaster-general in the colonies, was informed 
that the king had no further need of his services. For once the philosophical 
character of this remarkable man did not attain to perfect self-control ; from 
that day he was the bitter, unrelenting enemy of king and Tory. 



276 CONSTITUTIONAL LIBERTY, 

passive sort which all people are at liberty to make use of by way 
of disapproval. Now, however, resistance is become active. 
Property has been destroyed, and those who destroy property are 
on the high road to the destruction of life. Active resistance 
smacks of rebellion. The thing is becoming ominously grave, 
especially when it is considered, that it is the most portentous of a 
series of acts, all of which have steadily gone from bad to worse. 
On the assembling of Parliament for business in 1774, the king 
laid before it the information he had received, and urged that the 
most serious consideration be given it. That England was stung 
to the quick, was shown in the vehemence with which her wrath 
broke forth on the floor of Parliament. Blind with that wrath, 
she committed the mistake she had made before of directing it 
entirely against the city of Boston, and of ignoring the fact that 
the opposition to parliamentary rule was general throughout 
America. Venn shrieked, Deloida est Carthago ! and, before the 
hurricane which bent its force on Massachusetts, the Whigs were 
silent, or opened their lips only to timorously mutter that the 
Americans had " gone too far" and done " too much." 

On the 14th March, Lord North brought in the Boston Port 
Bill, which within a fortnight was passed with very little debate, 
and received the king's signature March 31, 1774. After setting 
forth that the condition of the town of Boston was such that the 
commerce of his Majesty's subjects could not be safely carried on, 
or the customs be duly collected, it provided, that, from the first 
of June following, it should not be lawful for any person to lade 
or unlade, to ship or unship any goods from any quay or wharf 
within that harbor, and constituted Marblehead a port of entry, 
and Salem the seat of government : but a power was reserved to 
the king in Council, after compensation had been made to the 
East India Company, and peace and order had been established, 
to restore the town its trade. It was further announced, that the 
fleet and army would be employed to enforce the act : " What- 
ever may be the consequences," said the Prime Minister, "we 
must do something ; if we do not, all is over." * 

Dowdeswell, Burke, and Fox offered resistance to the bill on 
the ground that Boston was not bound to render compensation 
for the property destroyed, and that the display of force preceded 

'" Pari. Hist.," xvii, I164, 1479. 



BOSTON PORT BILL: REGULATING ACT. 2// 

instead of following the demand for compensation. Chatham did 
not speak, and the bill passed whereby sentence of death was 
passed upon the city. Before its passage, however, another bill, 
styled the Massachusetts Govei'nment Bill or Regulating Act, was 
introduced, whereby the charter of that province was to be altered 
by making the Council appointive instead of elective, and by ren- 
dering the magistracy wholly dependent on the governor, who in 
certain cases could remove incumbents without the assent of the 
Council. Thus, at a time of intense excitement, when the irritat- 
ed colonists were protesting violently against the right of strangers 
to their soil exercising the power of taxing them, the govern- 
ment impetuously undertook to deprive them of even the appear- 
ance of self-government. This might be gratifying to passion, 
but it was certainly very impolitic. Still another bill enacted, 
that for the next three years the governor might, in his dis- 
cretion, send any persons accused of complicity in the late dis- 
turbances to any other colony for trial, or even to England ; and 
still another was passed, giving all lands not embraced in any 
other charter to the Province of Quebec ; a measure which ex- 
cited the angry zeal of every Protestant in Protestant New Eng- 
land. 

During this legislation the news came that the Bostonians had 
emptied another cargo into the harbor. Evidently these people 
had doomed themselves to destruction. Their case was hopeless, 
and there was now nothing to do but to let the wrath of a justly 
exasperated parent take its course. 

Throughout the course of this arbitrary policy, it never seems 
to have entered the English mind that this sad state of affairs was 
due solely to the existence of the paternal government they had 
set up for the colonies in defiance of their own rejection of it in 
1688. If a paternal government was hateful and altogether 
abominable to Britons in England, why should it not be to Britons 
in America ? That the tribe in America was doing in 1774 only 
what the tribe in England had done in 1688, seems never to have 
crossed their minds, and they blindly rushed on in the path which 
had led the Stuarts to the fate presented them by the fathers of 
these very Englishmen. 

It is evident, that when the mass of the English people could 
be got not only to look with indifference upon the imposition of 



2/8 CONSTITUTIONAL LIBERTY. 

arbitrary power upon Britons, but even to support and encourage 
it, with no compensation for the danger of the experiment except 
the gratification of a sense of power, it is evident that pubhc sen- 
timent in England was on a lower level than it had been in 1688, 
that it had declined, and that to regain the point whence it had 
descended would be for Great Britain a positive advance from her 
present position. On the other hand it is equally as plain, that the 
Americans, in combating absolutism and seeking to establish their 
liberties on the basis of 1688, were the ones who were really ad- 
vancing. But what especially denotes the inoculation of abso- 
lutism is, that what is now so clear, was at that time totally ob- 
scured to the English eye, and that Great Britain was deeming 
her honor to lie more in a display of force than in the maintenance 
of those humane principles which, until then, she had upheld so 
bravely. Had the English people been true to their own history 
and made the cause of the Americans their own ; had they met 
absolutism with the assertion that constitutional liberty was not 
for a day nor for a locality, but for all time and for wherever an 
Englishman could set his foot on British soil, the two peoples 
would have met at one point, they would have acted together, and 
the cause of constitutional liberty would have expanded with a 
growing empire, which there would have been every reason to 
keep bound together, and no excuse for disrupting. The Quebec 
act, by giving the Canadians what they wanted, bound Canada to 
England by a tie yet unbroken. Had the English people done 
as much for their free kindred as they did for the conquered 
French, and recognized in them the same inheritance of liberty 
they themselves enjoyed — which was all that was asked, — what 
resulted in Canada would have unquestionably resulted in the 
rest of the British possessions, in spite of that bursting sense of 
maturity which cannot be omitted as one of the incentives of 
American independence. The recognition of the Roman Catholic 
reli'^ion, a religion to which England was bitterly hostile, could 
not have been an agreeable task to English representatives, yet we 
see them of their own accord hastening to do what was almost as 
needless as it was painful, rather than to do what was just. There 
can be no more convincing evidence that, at this last great crisis 
of Anglican liberty, England had fallen behind her principles, 
and that absolutism had poisoned her blood. 



7 HE PEOPLE OF ENGLAND ABET ABSOLUTISM. 279 

But it must be plainly spoken ; throughout this dreary conflict 
Americans had no help from the English masses, nor even their 
sympathy. The lesson of the Revolution of 1688 seems to have 
been absolutely forgotten by the descendants of those who ac- 
complished it, and resting content with the posession of liberty in 
themselves, they wasted not a thought on that of their dependen- 
cies, but either stood by with folded arms, or afforded substantial 
aid to absolutism by lending it the assistance of Parliament. It 
was enough for them to know that it was not their ov that was be- 
ing gored. When the conflict actually broke out netween local 
self-government and absolutism, the English people were on the 
side of absolutism, and " the violent measures were fairly adopted 
by a majority of individuals of all ranks, professions, or occupa- 
tions in this country" of England.' Thus the Revolution of 1688 
had no effect in arousing the sympathy of the jDeople of England 
for those engaged in a struggle with arbitrary power like that 
which they had themselves brought to so glorious a conclusion. 
What effect it had, even when exerted by such men as Chatham 
and Burke, was powerless to arouse a nation of traders to any view 
of the situation which was broader than the pages of their ledg- 
ers ; and, in this respect, as far as any benefit to the colonies is 
concerned, the Revolution of 1688 might as well have never oc- 
curred. In fact, the Revolution of 1776 would have taken place 
had that of 1688 never figured in the British annals ; it was the 
fight of Americans with absolutism abetted by the English people, 
and was won by the Americans in spite of the English. When pru- 
dence was a virtue, a charge to this effect was stricken from the 
rough draft of the Declaration of Independence. If, however, the 
truth is ever to be uttered, it may now be told. 

The Boston Port Bill was received in America with honors not 
accorded even to the Stamp Act. It was cried through the 
streets as " A barbarous, cruel, bloody, and inhuman murder," 
and was burnt by the common hangman on a scaffold forty-five 
feet high. The people of Boston gathered together in town-meet- 
ing at Faneuil Hall, and expresses were sent off with an appeal to 
all Americans throughout America. The responses from the 
neighborhood came like snow-flakes. Marblehead offered the use 

^ Rockingham to Burke, " Burke's Corresp.," ii, 68. 



28o CONSTITUTIONAL LIBERTY. 

of its wharves to the Boston merchants ; Salem averred that it 
would be lost to all feelings of humanity were it to raise its fortunes 
on the ruins of its neighbor. Newburyport voted to break off 
trade with Great Britain, and to lay up its ships. Connecticut, as 
her wont is, when moved to any vital occurrence, betook herself 
to prayer and humiliation, first, however, ordering an inventory to 
be taken of her cannon and military stores. Virginia, likewise, re- 
solved to invoke the divine interposition, but, before another reso- 
lution which called for a Congress could be introduced, her Hous^ 
was precipitately dissolved ; whereupon the resolution was brought 
up and passed at a meeting called in "the Apollo," where it was 
further declared that an attack on one colony was an attack upon 
all. Two days later the Massachusetts letter itself was received, 
upon which the Virginians called a convention. From all parts 
contributions in money poured into Boston, and resolutions were 
everywhere passed, declaring that no obedience was due the late 
acts of Parliament ; that the right of imperial taxation did not ex- 
ist ; that those who had accepted office under pay of the king had 
violated their public duty ; that the Quebec act establishing Ro- 
man Catholicism in Canada was hostile to the Protestant religion, 
and that the inhabitants of the colonies should use their ut- 
most diligence to acquaint themselves with the art of war, and for 
that purpose should turn out under arms at least once a week. 
In the fulness of time, a cordon of ships was drawn around 
the town, and six regiments and a train of artillery were en- 
camped on Boston Common — the only spot in the thirteen colo- 
nies where the government could enforce an order. 

The conflict between constitutional liberty and absolutism had 
now reached that dangerous point where physical force became 
one of its elements. The colonists had used force in the de- 
struction of property, and the mother-country had retaliated by 
a display, in their very midst, of force which threatened the 
destruction of life. Absolutism was quick with the last argument 
of kings. The situation was at once recognized throughout the 
colonies, and the knowledge that in union there is strength, man- 
ifested itself in one general impulse toward a Colonial Congress. 
Committees of Correspondence were organized in every county, 
and throngs attended the public meetings. " One great, wise, and 



CONGRESS AND UNION. 28 1 

noble spirit ; one masterly soul animating one vigorous body," 
was the way John Adams described this impulse. The Canadas 
alone remained inanimate. Having obtained what they wanted, 
there was no reason for their moving in the matter, and belong- 
ing for the most part to a race of absolutists, it is not to be won- 
dered at, that they withheld sympathy from those who were 
combating what was natural to them, and that they flatly re- 
fused to budge. 

But not so those to whom constitutional liberty was as the 
breath of life. On the 17th of June (1774) the Massachusetts 
Assembly, which had been removed by a royal order to Salem, 
answered Virginia by resolving on a call for a Continental Con- 
gress at Philadelphia. The governor, hearing of what was going 
on, sent the secretary of the colony to dissolve the Assembly, but, 
finding the doors shut upon him, he had to content himself with 
reading the message to the crowd outside. The House went on 
with its work, while, at the same time, a great meeting, with John 
Adams in the chair, was being held at Boston in Faneuil Hall. 
Twelve colonies agreed to send delegates to a Continental Con- 
gress to be held at Philadelphia in September. In this movement 
the action of Virginia had great weight ; not that it was more 
conspicuous than the rest, nor for those tame sentiments which 
Mr Jefferson afterward said he believed were wisely preferred, 
but for the deep, underlying tone of resistance heard on every 
hand, and which made itself felt to the farthest bounds of the 
land. The instructions which had been prepared, but which 
prudence suppressed, were eagerly taken home to the bosoms of 
men, and were reproduced in England under a title conferred 
upon them by Edmund Burke. This " Summary View of the 
Rights of British America" spoke the heartfelt sentiments of the 
Virginians, and ran like wildfire through the colonies. Their in- 
fluence was all the more felt for not being official. 

The Tea Act, the Boston Port Bill, and the Massachussetts 
Government or Regulating Act had accomplished an end not 
dreamed of by their creators. They erased from the colonial 
mind the last vestige of the right of the British Parliament to tax 
America, and they called into being a creature hitherto unknown, 
a Parliament of the colonies themselves. This stranger to tlie 
structure of British polity was, from the circumstances which gave 



282 CONSTITUTIONAL LIBERTY. 

it life, antagonistic to the Parliament of Great Britain. It had 
been created to protect American society from the attacks of 
absolutism ; its further object was to foster America and every 
thing American, and to neutralize and resist all encroachments 
upon the welfare of its own creators. In this work its first atti- 
tude was necessarily that of antagonism to a Parliament bent on 
asserting its power to rule the colonies. Thus they were by 
nature and circumstance antagonistic to each other, and, for the 
moment, hostile. The two could not occupy the same place at 
the same time ; one or the other had to give way. They repre- 
sented their peoples, and in representing them, represented, too, 
the conflict which was known of all men. 

The tribe was divided ; there were now two Parliaments, one in 
England and the other in America. In the autumn of 1774 the 
Americans bent their steps toward Philadelphia, and, amid breath- 
less expectation, on the 5th of September, fifty-five representatives 
sat down in Carpenters' Hall. Virginia, in the person of Peyton 
Randolph, was in the chair. It need hardly be said, that the 
Congress was composed almost to a man of members of the Whig 
party, within whose limits, however, two divisions at once mani- 
fested their presence, the Moderates and the Extremists. The 
former, who had John Dickinson of Pennsylvania for their leader, 
though exacting in the redress of grievances, were not yet for 
severing the connection with Great Britain. The latter, who were 
led by a majority of the Virginians and all the Massachusetts men, 
looked the event of separation in the face, and were prepared to 
meet it ; though, aware that public sentiment had not yet caught 
up with them, they made no motion toward that end. The Mod- 
erates, consequently, controlled the action of this First Congress, 
and all being restricted to the common ground of redress of 
grievances, every thing was conducted with the appearance of 
harmony and unanimity. 

On the 17th of September the County of Suffolk, in Massachu- 
setts, resolved, that the people owed an indispensable duty to 
God and their country to preserve those liberties for which their 
fathers fought and bled, expressed the determination of the in- 
habitants to oppose the acts altering their charter, and promised 
cheerful submission to whatever the Continental Congress should 
recommend. To this Congress replied, unanimously expressing 



THE FIRST CONGRESS: A BILL OF RIGHTS. 283 

feeling for the sufferings of tlieir countrymen in Massachusetts, 
approved the course which had been taken to oppose the measures 
of the ministry, and recommended perseverance in the same firm 
and temperate conduct. These resolutions, together with those of 
Suffolk County, were ordered to be printed. 

In the meantime, General Gage, who was in command of the 
troops in Boston, began to fortify his position, a procedure which 
gave great offence to the people : whereupon Congress resolved, 
" That this Congress approve of the opposition made by the in- 
habitants of Massachu.-etts Bay to the execution of the late acts 
of Parliament ; and ii ihe same shall be attempted to be carried 
into execution by force, in such case all America ought to support 
them in their opposition." Slight though it was in comparison 
with what was afterward displayed, this was the most conspicuous 
indication of a rebellious spirit that appears on the record, and, 
after a quiet session of less than two months, on the 26th of Octo- 
ber, Congress adjourned to meet on the loth of May following. It 
gave to the world, however, a Bill of Rights ; entered into a non- 
importation, non-consumption, and non-exportation association ; 
issued an address to the people of Great Britain and a memorial 
to the people of British America ; sent a letter to the people of 
Quebec and the rest of Canada ; prepared a loyal petition to the 
king and gratefully thanked the noble advocates of civil and re- 
ligious liberty in and out of Parliament. 

The Whigs were enthusiastic in their praise of what the Con- 
gress had done : their adversaries, the Tories, were bitter in their 
condemnation. As the former greatly outnumbered the latter, 
and were increasing as these decreased, the measures of Congress 
were warmly welcomed by the people. Certainly, an atmosphere 
of dignity, of purity, of self-control, and of mutual concession 
rested over the session, and invested every thing they did with a 
gravity no American has yet been irreverent enough to make light 
of. " When your lordships," said Chatham, " look at the papers, 
vvhen you consider their decency, firmness, and wisdom, you can- 
not but respect their cause and wish to make it your own. For 
myself, I must declare and avow, that, in all my reading and 
observation — and it has been my favorite study : I have read 
Thucydides, and have studied and admired the master states of 
the world, — that, for solidity of reasoning, force of sagacity, and 



284 CONSTITUTIONAL LIBERTY. 

wisdom of conclusion, under such a complication of circumstances, 
no nation or body of men can stand in preference to the general 
Congress at Philadelphia." This judgment has been confirmed 
by the settled opinion of another century and of a wider world. 
That faith in this Congress, as well as admiration for it, was not 
wanting to the Americans at that time, is shown by the eagerness 
with which its recommendations were everywhere acted upon, and 
by the universal testimony that it had uttered the sincere convic- 
tions which now reigned in every heart. 

In accordance with these recommendations, Massachusetts re- 
solved to stand solely on the defensive. For the purposes of self- 
protection, she and other colonies reorganized their obsolete 
militia ; and the minute-men are now first heard of. The Massa- 
chusetts legislature, in further provision for the future, now that 
the government of the crown was daily becoming further and 
further removed from the people, appointed a Committee of 
Safety : a body which speedily found counterparts in the other 
colonies, and which afterward became the model for the famous 
Comite's du Saint Public of France. To set at naught this rude 
organization for defence, Great Britain prohibited the export of 
arms and munitions of war to the colonies. 

While affairs were thus going from bad to worse in America, 
England had the further excitement of a bitterly contested elec- 
tion. The ministry were everywhere successful. Burke had 
been returned from Bristol only after a sharp contest, and after 
having been previously rejected in Westminster. In the city of 
London, where public opinion was strongly on the side of the 
colonies, four members hostile to Lord North were returned, and, 
as a still further expression of opposition to the ministry, Wilkes 
was elected Lord Mayor. But the result was altogether in favor 
of the Administration, and the king saw with intense satisfaction 
an increased ministerial majority. When, then. Parliament met 
in November, there were only eighty-six votes in both Houses 
which could be rallied in opposition to the Administration on 
colonial measures : thirteen in the Lords, and seventy-three in the 
Commons. If Parliament really represented the English people, 
the Americans could look to them for few friends. But Parlia- 
ment at that time did not represent the people. It represented 
few constituencies other than certain families. Nevertheless, it 



LORD CHATHAM. 285 

cannot be denied, that, at the very time when it was hostile to 
popular rights at home and was striving to prevent the liberty of 
the press, to suppress free speech, and even to take from the 
people the right of saying who their representatives should be, 
those same people, were sustaining it in its attacks on the liberties 
of kindred but distant freemen. 

There was one man, however, wnb, whatever his personal im- 
periousness and his exaggerated notions of imperial power over 
the dependencies might be, saw clearly that this was a conflict 
between constitutional liberty and absolutism, and ranged himself 
with unfaltering fidelity on the side of freedom. This man was 
Lord Chatham, who again on the floor of the House of Lords, 
resolved on instant action. Accordingly, on the 20th January, 
1775, he moved an address to the king, praying that, in order to 
open a way to the restoration of peace and quiet in America, and 
to soften animosity, his Majesty should order the troops to re- 
move as soon as possible from the town of Boston. In this mo- 
tion he was supported by the Lords Rockingham, Cambden, and 
Shelburne. But the ministry retorted, that, instead of withdraw- 
ing the troops that were there, they should rather send more, and, 
on a division, only eighteen peers could be found to support the 
motion, among whom were the Duke of Cumberland and Lord 
Grosvenor. Sixty-eight lords voted against the motion. 

But this resolute man was not to be rebuffed when he had once 
taken a stand for constitutional liberty. He betook himself forth- 
with to the preparation of "A provisional Bill for settling the 
Troubles in America," and that he might not err from ignorance 
of the real feelings of the Americans toward England, he person- 
ally sought the counsel of Dr. Franklin : " I am come," said he, 
"to set my judgment by yours as men set their watches by a 
regulator." Having carefully considered its provisions, he laid 
the bill on the table of the House of Lords. It declared in plain 
terms the dependence of the colonies on the crown, and their 
subordination to the British Parliament in all matters touching the 
general weal of the empire, and above all in the regulation of 
trade. But it proposed, no less explicitly, that no tax nor talliage, 
or other charge for the revenue, should be levied from any body 
of British freemen in America without the consent of its own 
representative assembly. It further declared, that delegates from 



286 CONSTITUTIONAL LIBERTY. 

the several colonies, lately assembled at Philadelphia., should, as 
they desired, meet at the same town and hold another Congress 
on the 9th of May ensuing : then to consider, first, the making 
due recognition of the supreme legislative authority of Parlia- 
ment, and, next, of making, over and above the usual charges for 
the support of civil government in the respective colonies, a free 
grant to the king of a certain perpetual revenue toward the al- 
leviation of the national debt. But it was also provided, that the 
relinquishment of the right of taxation to the provincial assem- 
blies should not take effect unless Congress first unqualifiedly 
recognized the legislative authority of Parliament as supreme. The 
bill further provided, that the Admiralty courts in America should 
be restrained to their ancient limits ; that it should not in future 
be lawful to send persons indicted to another colony or to Great 
Britain for trial ; that the acts of Parliament relating to America 
since 1764 were to be wholly repealed ; that the colonial judges 
were to hold their places during good behavior and not during 
the pleasure of the crown, and that the charters and constitutions 
of the several provinces were not again to be invaded, unless on 
some legal ground of forfeiture. " So," ran the concluding words 
of the bill, "so shall true reconcilement avert impending calami- 
ties." 

Lord Mahon thinks,' that had this bill become a law, the 
Americans would have accepted it cheerfully, and it would have 
been effectual. " The sword was then slumbering in the scabbard." 
But, v/as it now possible for the colonists to accept these pro- 
visions cheerfully, and for the bill to be effectual ? It is true it 
guaranteed, as far as it was worth, the independence of the judges, 
and the restriction of the Admiralty courts to ancient limits, and 
it reinstated matters where they stood in 1764. But, would not 
the Americans, after going so far in their opposition to parlia- 
mentary rule, have asked themselves. What is the guaranty of an 
Act of Parliament worth, if the charters, long since become a 
part of the British Constitution itself, cannot protect themselves ? 
The Parliament which violated the charters can repeal this guar- 
anty and violate them again ; this is but placing the sheep in the 
care of the wolves. Again : it is true that this bill recognized the 
Congress, but in the same breath it required the colonies in Con- 

' " Hist.," cap. li. 



I PARLIAMENTARY SUPREMACY, 287 

gress assembled to concede the very point at issue, the right of 
the British ParHament to rule them. This, of course, was utterly 
out of the question. Moreover, in so doing, the colonists were 
not only to concede this supremacy in the home Parliament, but to 
concede to the General Colonial Parliament the right to express 
that concession. This, in the absence of any special delegation 
of power to Congress by the individual colonies, would not have 
been permitted. It was simply asking all to concede what each 
had already refused to yield, or, worse still, it was empowering the 
creature to grant what the creators had hitherto denied. The Co- 
lonial Congress was the creature of certain local self-governments, 
created to effect certain objects which each had in common with 
the rest, and which objects were specified in the credentials of its 
representatives. It was not intended to meddle with those sub- 
jects that properly belonged to individual legislation. Yet this 
bill, in recognizing the Congress, ignored its authors, and thus 
conferred on the creature powers the creators had not endued it 
witti. It is hardly possible that, at that stage of parliamentary 
conflict, the colonists Avere prepared to accept two parliamentary 
rulers when they were rejecting one, but rather, that, in spite of the 
great name which vouched for its honesty, the bill would have 
been tainted with the suspicion of an alliance between the two 
Parliaments. It must be borne in mind, that legislation and rul- 
ing are two different things, and that the opposition of the Ameri- 
cans was to Parliament as a ruler and not as a legislator. When 
its legislation took on itself the character of imperial decrees, then 
it was that opposition to Parliament broke forth. They would 
have opposed their own Congress in the same way the mqment it 
usurped functions that had not been granted it. In this bill par- 
liamentary supremacy remained untouched, and so long as that 
was the case, the Americans would not have been content. 

However, after a debate characterized by great excitement, the 
English settled the question for themselves by defeating the bill, 
though the minority rose to nearly double its former number. 
This measure had one good effect : it set men to devising schemes 
of conciliation. Lord North tried his hand at it. His scheme was 
this : that the colonial assemblies should look after the common 
defence of the colonies, and each provide for the civil government 
of its own province, and, so long as the king and Parliament 



288 CONSTITUTIONAL LIBERTY. 

approved of such action, so long Parliament should forbear to lay 
any tax or duty within such province. This met with great op- 
position. The extremists, so blinded with rancor that they could 
not recognize an old friend in a new guise, opposed it as being a 
concession, while the Whigs of course refused to have any thing to 
do with so well-known an enemy. 

But a greater than North tried what he could do. Edmund 
Burke introduced resolutions having for their distinct object con- 
ciliation with America. He, too, failed ; but the effort which gave 
the world his immortal speech will never be deemed by posterity 
to have been entirely vain. 

All attempts toward conciliation having failed, the tide rolled 
on. In retaliation for the non -importation and non-exportation 
agreements, Parliament closed the New England ports to trade, 
and the naval forces on that coast were increased by two thou- 
sand, and the land forces by more than four thousand men. 

In conformity with their plan for self-protection, the Massa- 
chusetts men had gathered together some military stores at a 
place called Concord. Gage now determined to destroy these 
stores, and it must be admitted that every motive of military 
prudence justified him in doing so. But the times had now be- 
come such that the slightest act of military caution was the signal 
for putting the torch to the magazine. No sooner was it known 
that troops were to leave Boston for Concord, than expresses rode 
forth by night, and when the day dawned the yeomanry of the 
neighborhood were getting under arms on their village greens. At 
sunrise on the morning of the nineteenth of April (1775), the 
detachment, which had moved out under cover of the darkness, in 
order the better to effect its object by surprise, reached Lexing- 
ton, a small village eleven miles from Boston, on the road to Con- 
cord, from which place it was distant six miles. There a squad 
of countrymen was already 'gathering. A collision ensued ; the 
troops fired and several men fell dead, while others were stretched 
on the ground sorely wounded. The resistance, however, was not 
great enough to stay the progress of the troops, who continued 
their march to Concord. Here they destroyed the stores, 'and, 
after another encounter with the farmers, set out on their return 
to Boston. But the alarm throughout the country side having 



LEXINGTON AND CONCORD. 289 

become general, they found the road obstructed by parties of 
minute-men, who, wrought to frenzy by the slaughter of their 
kindred and neighbors in the morning, had hurried across the 
fields from every direction, each man bent on avenging his rela- 
tive or friend by a shot at the red-coats. The column was galled 
from the stone fences on its flanks by an incessant fire, which 
could not be returned with effect. The loss became steady, yet, 
as their numbers diminished, the English did not dare to halt and 
defend themselves, much less attack. Time was fast becoming 
every thing ; the command was losing discipline, it began to hud- 
dle together, and it pressed confusedly forward, its assailants gain- 
ing in numbers and boldness as they neared Lexington. It was 
now evident, that, without relief, the column must either cut its way 
through a fast-thickening enemy, or die on the green it had strewn 
with bodies in the morning. The retreat was rapidly degenerat- 
ing into a rout that augured ill for a single man of them ever 
regaining Boston, when the head of the column joyfully rushed 
into the protecting ranks of a hollow square, which, under Lord 
Percy, had been prudently drawn up to receive them. Here 
they threw themselves on the ground, " their tongues hanging out 
of their mouths like those of dogs after a chase," said an eye- 
witness.' But little time could be afforded for rest, and the sore- 
beset and weary column again took up its march. Discipline and 
Percy's reinforcements, however, told in its favor. It pushed its 
way through the irritated swarms, who taunted them with the 
changed fortunes of the day, and who kept calling out to Percy : 
" Chevy Chase ! Chevy Chase ! " and toward sunset it reached 
Boston, pursued up to the very fortifications by the countrymen, 
now frantic that " these murderers," as they called them, should 
escape. Nearly three hundred of the English were dead or 
wounded, since, by way of bravado, their band at daybreak had 
played " Yankee Doodle" on the road to Lexington, 

The affair of Lexington and Concord acted upon the sensitive 
people like a shock of electricity. The intense emotion that 
possessed North and South alike revealed a sense of kinship the 
colonists had never before entertained, and, as this burst forth, 
the sense of kinship with Great Britain sank suddenly down into 

^Stedman's " Hist. Am. War," i, 118. 



290 CONSTITUTIONAL LIBERTY. 

dead ashes. The New England militia flocked together from all 
quarters, and Boston speedily found itself beleaguered by its own 
countrymen ; nearly twenty thousand occupied the heights over- 
looking the town. With an imprudence/ which Congress, who 
stood solely on the defensive, would have liked to reprove, Ticon- 
deroga and Crown Point were surprised and taken. May 14th, 
the same day the Second Congress met at the State House in 
Philadelphia, when twelve colonies sat down together. A few 
days later, Massachusetts took the chair in the person of John 
Hancock. The proposal of Lord North was rejected in a report 
which assigned the following reasons for its rejection : that it was 
a high breach of the privilege of determining the purposes for 
which moneys should be granted ; that it was unreasonable, inas- 
much as it compelled the colonies to purchase the favor of Par- 
liament without knowing the price ; that it insidiously sought to 
divide the colonies and set them against each other ; that it was 
offered in the presence of fleets and armies, which at that moment 
were being reinforced ; that it was unnecessary, unsatisfactory, 
and unjust, and a violation of their natural plan of government, 
and that it was deceptive, inasmuch as, under a question which 
appeared to be one merely of laying taxes, there was really hidden 
the claim of a right to alter charters and to rule absolutely. In 
conclusion, the report expressed the conviction, that the Ameri- 
cans had only themselves to rely upon to defeat the ministry and 
render their liberties secure. 

Though blood had been shed — and more still was shed on the 
17th of June, at Bunker Hill, — it will be observed, that there 
was no expression indicative of a desire, much less a determina- 
tion, to be politically independent. On the contrary, the Conserva- 
tives, led by Dickinson, still held the floor, and while measures 
were taken for defence, Congress still clung to the hope of secur- 
ing their rights as members of the British Empire. It was with 
this hope, yet possessing strength but daily weakening, that they 
resolved on another petition to the king. The anxious hopes of 
the whole country once more fixed themselves on this often tried 
but never successful expedient, and acrimony and revolution 
paused to observe its effect. In this petition, which v/as drawn 

^ The event justified the affair. But, as an act of active hostility, the Con- 
gress, for some time, was much embarrassed by it. 



SECOND CONGRESS : CONTINENTAL ARMY 6- MONEY. 29I 

by Mr, Dickinson, the most affectionate terms were employed 
respecting the king. It declared that the colonists entertained 
too tender a regard for the kingdom from which they derived 
their origin ever to seek such a reconciliation as would be incon- 
sistent with her dignity or her welfare, and it simply besought 
his Majesty that he would be pleased to designate some mode by 
which a happy reconciliation could be effected. After all the 
delegates had signed it, it was entrusted to Richard Penn, one of 
the proprietaries and a loyalist, to bear to the throne, when the 
responsibility would be upon the king. Penn departed on his 
healing mission, and Congress adjourned to the fifth of September. 

During its session, however, Congress, stimulated by the action 
of Bunker Hill, which had occurred in the meanwhile, had pre- 
pared for the worst. It organized a common force, for the pur- 
poses of defence only, under the name of the Continental Army. 
Of this army it made George AVashington, a representative of the 
land-holding interest in the South, commander-in-chief. It then 
adopted certain measures designed to help the colonies and to 
hamper any course adverse to the general welfare : such as the 
prohibition of supplies to the British fishing fleet, and to colonies 
not acting with them, and, of course, to the military and naval 
forces then in possession of Boston and the adjacent waters. It 
forbade the negotiation of bills of exchange drawn by British 
officers. It declared that no obedience was due to any act of 
Parliament altering or repealing the charter of Massachusetts, 
and it recommended to the people of that colony to exercise for 
themselves the powers of government until their charter was re- 
stored to them. In order to further the common ends, notes on 
the joint credit of the colonies were authorized to be issued, and 
from that time the country made use of Continental money. 

Congress reassembled on the 5th of September, but so few 
members were present that it adjourned to the 13th, when, for the 
first time, Georgia having arrived, the Thirteen Colonies came 
together and proceeded to business. In the meantime, all hearts 
had followed Penn, who bore what Franklin, who had now come 
home, pithily styled " the last petition." They were doomed to 
disappointment. It was received with a silence which was broken 
only by the announcement that his Majesty would decline answer- 
ing it, and, as if to forestall any effect it might produce in favor 



292 CONSTITUTIONAL LIBERTY. 

of the petitioners; the very day it was presented to the minister, 
the Proclamation for suppressing rebellion and sedition issued to 
the heralds. These, a few days afterward, proclaimed in due 
form at Westminster, Temple Bar, the Royal Exchange, and 
other accustomed places, that, whereas many subjects in divers 
parts of the colonies of North America, forgetting their allegiance, 
and after obstructing the lawful commerce of loyal subjects, had 
proceeded to open and avowed rebellion, and that this rebel- 
lion had been promoted by the counsels of divers wicked and 
desperate persons within the realm of England, now it was com- 
manded all civil and military officers, and all loyal subjects, to use 
their utmost endeavors to suppress this rebellion, and to give full 
information of all persons corresponding with the persons in arms 
in North America, in order to bring them to condign punishment. 

The news of the rejection of the petition, and that they had 
been actually proclaimed rebels, reached the colonies accom- 
panied with the further information, that ten thousand merce- 
naries were also to be used against them. As indication of a 
vigorous policy. Lord George Germain was made head of the 
American department, in place of Dartmouth, and Gage, who had 
been slow to wrath, was recalled, and the Howes placed in com- 
mand of the forces. These signs were ominous, but the most 
hopeless feature of all was the unanimity of the English people 
against America. It is true, that the Proclamation had been 
hissed on the steps of the Exchange, and that Wilkes would not 
permit the mace to be borne during the ceremony, but loyal ad- 
dresses to the king poured in from all classes, tlie ministry party 
in Parliament was compact and overwhelmingly great, the Op- 
position was small and feeble, and Lord Rockingham was per- 
fectly warranted in writing to Edmund Burke, that " the violent 
measures toward America are fairly adopted and countenanced 
by a majority of individuals of all ranks, professions, or occupa- 
tions in this country." " 

The king's speech came later and left no room for either doubt 
or hope. It inveighed against the " desperate conspiracy" and 
" general revolt," and announced a large increase of the land and 
naval forces in America. But one man among the ministers 
seems to have appreciated the danger and to have been governed 

'Burke's' Corresp.," ii, 68. 



THE MODERA TES. 293 

by discretion — Grafton resigned, and, in resigning, told the king, 
that, deluded themselves, his ministers were deluding him. 

The Opposition tried to bring up the petition Penn had brought 
over, as ground for conciliation, and, in both Houses, started 
debate on the employment of mercenaries. They were over- 
whelmingly defeated, and Parliament proceeded to secure the 
colonies by a persistent course of legislation, which made Burke 
say, a year or two afterward : " It affords no matter for very pleas- 
ing reflection to observe, that our subjects diminish as our laws 
increase."^ 

While Parliament was thus attempting to legislate peace into 
the colonies, and absolute rule into itself, Congress was acting 
its part. Proclaimed as rebels, repelled from the throne, and 
with the door of Parliament to be opened to them only in the 
case of abject submission, the condition of the colonies was des- 
perate indeed. But, left to themselves, they acted for themselves. 
From one position they rapidly advanced to another, their deter- 
mination to remain free grew more and more fixed, and it was in 
answer to popular sentiment that Congress advised resistance at 
Charleston, created a naval code, organized a committee of cor- 
respondence with foreign powers, and recommended several colo- 
nies to set up governments for themselves. Men now talked 
openly of independence. 

Still the varying fortunes of war — for such it now was — had the 
effect to keep alive the necessity, if not the desire, of leaving open 
a way to reconciliation. The Assembly of Pennsylvania, through 
the inspiration of Mr. Dickinson, gave expression to this pru- 
dence, by instructing its delegates to "dissent from and utterly 
reject any propositions, should such be made, that may cause or 
lead to a separation from our mother-country, or a change of the 
form of this government." New Jersey, Maryland, Delaware, and 
New York expressed their opinion in nearly the same terms, and 
thus the Middle Colonies, arrayed in mass on the side of conserva- 
tism, maintained, or endeavored to maintain, an equipoise between 
the extremes. 

But there happened at this time, that is, in January, 1776, an 
event which, perhaps, had more to do with bringing about the im- 
mediate result of independence than any thing else, and that was 

* " Lett, to Sheriffs of Bristol," 1777. 



294 CONSTITUTIONAL LIBERTY, 

the publication of Tom Paine's "Common Sense." Paine him- 
self was but a new-comer, without means, without an established 
character or name, and his book is deficient in scope and logic, 
and marred, moreover, by coarseness. And yet the effect of the 
work is beyond dispute. It did more to accomplish the immedi- 
ate fact of independence than all the grave deliberations and elo- 
quent outpourings of a senate, at whose door its author was hardly 
worthy to stand. No one now reads " Common Sense," except 
from curiosity or historical inquiry : but, the production of the 
moment, it was just what the moment demanded, and its welcome 
was enthusiastic. It was published in Philadelphia, where con- 
servatism had its stronghold, and it was thus at once brought 
face to face with the garrison. Much of its effect must be attrib- 
uted to its being published anonymously. That effect was great, 
and in the temper the colonists then were, the printing-press was 
kept day and night throwing off copies. The work may be briefly 
described as a plea for independence and a continental govern- 
ment. So far, opinion had gone no further than to a mere con- 
federation, but Paine took a bold stand for an actual, positive 
central government. In their eagerness to discuss the advantages 
or disadvantages of such a government, men did not notice that 
they had tacitly conceded independence, and when they awoke to 
that fact, they were already too familiar with the thought ever to 
relinquish it. In this way the notion of independence became 
fixed in the public mind, and the effect " Common Sense" wrought, 
was simply to provoke the action of forces which, hesitating until 
then, were now ready and eager to act. 

Dickinson, with the conservatives at his back, resisted the 
pressure for independence with a force to which the purity of his 
own character and that of his following lent great weight. But 
in revolutionary times nothing can stay those advances which are 
compelled by the exigencies of the moment. The very men who 
hesitate the most are forced by the present necessity to do things 
which the next instant become precedents against them, and, thus, 
in spite of themselves, they are hurried along to the point they 
are striving to avoid. Hence, the daily necessity of defence, by 
compelling these conservatives to acts of sovereignty which they 
would ■ have eschewed, compelled them, too, to that final assertion 



THE PROGRESSIVES. 295 

of sovereignty, a declaration of independence. During the winter, 
Congress, in self-defence, had to order the disarming of the Tories, 
the equipment of privateers, the opening of the ports to all nations, 
and had to deal directly with foreign powers. All these things, 
and many more, embraced the exercise of sovereignty, and, as 
each occurred, it straightway became a precedent which promptly 
arrayed itself on the side of independence. " There is a rapid 
increase," wrote Franklin, in April, " of the formerly small party 
who were for an independent government." 

This progress of public sentiment is clearly illustrated by the 
Resolution of the 15th of May. Congress had heretofore been 
very chary in advising individual colonies to exercise any thing 
like sovereign powers, but in this Resolution it was recommended 
to (3;// the colonies, wherever it should be considered necessary, to 
form such governments as might conduce to their happiness in 
particular, and that of America in general. This was, in effect, 
telling the colonies that they were sovereigns, that they were to 
look to no one but themselves for political organization, and that 
they should set up for themselves. Practically, it was an intima- 
tion to each colony to declare itself independent. 

This resolution was strenuously resisted by the Conservatives, 
whose vehemence was augmented by the fact, that the preamble 
declared it irreconcilable with conscience to take oaths to support 
the crown. As far as solidity of argument is concerned, and 
familiarity with the principles of government, the Moderates, in 
this instance at least, certainly outshone their opponents. But the 
time for conservatism had gone by,. and henceforward the Pro- 
gressives had the upper hand in the votes, if not in the argu- 
ments. The tide of revolution was now in full sweep. 

In order to have the sustaining force of public opinion in the 
course thus foreshadowed, and which none were so blind but that 
they could see, the members of Congress began asking the As- 
semblies which had elected them what their opinion respecting 
independence was, and what the' best course for Congress to pur- 
sue ; and some of them, to make sure of the desired answer, 
themselves wrote energetic letters to influence the minds of those 
who were to instruct them. North Carolina was the first to an- 
swer, and replies from three others were in by the middle of May. 
They were for independence. The rest did not answer before 



296 CONSTITUTIONAL LIBERTY. 

the Progressives determined to force matters, and on the 7th of 
June (1776), Richard Henry Lee, in behalf of the Virginia dele- 
gates, submitted resolutions concerning independence, confedera- 
tion, and foreign alliances. Prefacing his motion with a speech, 
he offered the following : 

" That these Colonies are, and of right ought to be, free and 
independent States ; that they are absolved from all allegiance to 
the British Crown ; and that all political connection between them 
and the State of Great Britain is, and ought to be, totally dis- 
solved. 

" That it is expedient forthwith to take the most effectual 
measures for forming foreign alliances. 

" That a plan of confederation be prepared and transmitted to 
the respective Colonies for their consideration and approbation." 

It will be noticed, that, in spite of " Common Sense," the local 
self-governments went no further than mere confederation. John 
Adams seconded the motion, and its consideration was post- 
poned until the following morning, when the members were or- 
dered to attend punctually. 

The next morning these resolutions were referred to the Com- 
mittee of the Whole, and were debated with closed doors, as was 
the custom, until seven in the evening, when an adjournment was 
had until Monday. On Monday the debate again continued un- 
til evening, when it being thought best to await the fast-maturing 
minds of a few colonies, it was resolved to postpone the resolu- 
tion agreed upon until the ist of July, and in the meanwhile, that 
no time be lost, a committee be appointed to prepare a declara- 
tion in conformity to it. On the next day a committee was 
chosen to perform this duty. 

Of this great and anxious debate we have not a single word by 
direct report. We have nothing but the entries in the journal, 
eked out by the recollections of some of the surviving actors years 
afterward. We know the substance of what was said by some, 
and a few expressions, as used by such or such a man, are to be 
found here and there in the writings of these men, but given en- 
tirely from memory. But, from the lips of those who hung upon 
each other's words from Saturday morning until Monday night, 
and who wrought such mighty deeds in Israel, there has not come 
down to us one single sentence. 



DECLARATION OF INDEPENDENCE. 297 

On the 12th of June a committee of one from each colony was 
chosen to report the form of a confederation, and a committee of 
five to prepare treaties with foreign powers. 

By the last week in June the question of independence or no 
independence, was virtually settled in the afifirmative in every 
colony, except New York. The time, foreseen at the adjourn- 
ment of the subject to a future day, had now arrived, and, accord- 
ingly, the draft of a Declaration of Independence, of which Thomas 
Jefferson was the author, was reported on the 28th of June, and 
was laid on the table. On the first of July, Congress voted " to 
resolve itself into a committee of the whole to take into considera- 
tion 'the resolution respecting independency,' and to refer 'the 
draft of the declaration' to this committee." On the importunity 
of fresh delegates from New Jersey, the subject was discussed 
anew, John Adams speaking in favor of separation. John Dick- 
inson replied to him with consummate ability and force, and 
based his argument on the inexpediency of independence at that 
time. Adams rejoined, and was followed by others for and 
against the measure. The New York members were, in view of 
their instructions, excused from voting, but the resolution was 
agreed to on a division, though the final question was postponed 
until the following day, the 2d, when twelve colonies (New York, 
as has been seen, not voting) resolved " that these United Colo- 
nies are and of right ought to be free and independent States ; 
that they are absolved from all allegiance to the British crown, 
and that all political connection between them and the State of 
Great Britain is and ought to be totally dissolved." 

From that time forth the word "colonies" gave place to the 
word " States " in America. 

The draft of the Declaration of Independence was immediately 
taken up and considered, and on the evening of the fourth of 
July, the committee rose, and Harrison reported the Declaration 
as having been agreed upon. It was then unanimously adopted : 
Great Britain was divested of her sovereignty, the people of the 
different States, each one for itself, assumed it, and the Revolu- 
tion was accomplished in every thing save the proof of physical 
ability to maintain its results against the world. 

During the weary years that followed, the conflict of consti- 
tutional liberty with absolutism was transferred from the closet 



298 CONSTITUTIONAL LIBERTY. 

and the senate to the field, where the fate of British absolutism 
was finally sealed by defeat. Local self-government won the 
day 

Free inquiry had done its work in America. It had passed 
from the religious subjects of our Puritan age to the secular ones 
of the Age of State Development, and, in doing so, had brought 
about the same revolution in politics here as it had done in Eng- 
land : that is to say, it had created and brought to a similar con- 
clusion a warfare between prerogative and popular freedom in 
this country as it had once done in Great Britain. There it ter- 
minated in the Revolution of 1688, which established definitely 
the limitations of the prerogative, or that element of sovereignty, 
which, outside of popular self-government, had ever displayed its 
hostility to free institutions by claiming to be above and indepen- 
dent of them, and free from any accountability whatever. From 
the Revolution of 1688, the government of England became, in 
truth, for the first time, a constitutional government. With that 
achievement the forces of free inquiry in English politics altered 
their course ; they abandoned their warlike attitude and rested 
content in securing and preserving what they had acquired. 
Henceforth, the growth of their possessions was due, not to .the 
arts of war, but to the arts of peace. But, in America, the at- 
tempts of arbitrary power to enlarge itself at the expense of local 
self-government, though interrupted, were persistent. Absolutism 
looked on this country as a field in which to regain the footing it 
had lost on the soil of England. It did not act blindly, but chose 
its instruments with a cunning which would have been success- 
ful but for the obstinacy of personal liberty. It worked on the 
colonies through Parliament and commerce ; this secured America 
to Great Britain by the bonds of interest, that by those of political 
dependence. 

The colonists left England with a conviction of the omnipo- 
tence of Parliament. The struggles of generations had at last 
ended in the establishment of a free legislature, and the emigrants 
went forth with the notion, that, now that this had been accom- 
plished, nothing more remained to be done ; the security of 
liberty was rendered certain, and the highest good of free govern- 
ment was attained. Nothing was so great in their eyes as the 



LOCAL SELF-GOVERNMENT ESTABLISHED. 299 

Parliament of England, and the notion, that what made Parlia- 
ment so great to Britons made a]so the Parliament of a petty 
colony just as great to its handful of people, had yet to be wrung 
from hard destiny and the slow-evolving years. The crown saw 
its opportunity, and it was quick to foster the sentiment that the 
Parliament of England was naturally the Parliament of all the 
British possessions. That principle once expanded into a prin- 
ciple of statecraft, absolutism would have had nothing further to 
do than to rule America by act of Parliament. 

The extent to which this notion reached is astonishing, ,and it 
only goes to show how dangerous to liberty are its own friends ; 
for here we behold a free Parliament, the last great triumph of 
self-government, itself used against freedom. Had this wide- 
spread idea been acted upon in the days of the Writs of Assist- 
ance, we now see clearly that absolutism would have got such a 
foothold in our country as it never, in human probability, would 
have lost, and America might to-day have been the seat of that 
personal rule in government which the Revolution of 1688 had 
effectually destroyed in the British Isles : for, with this notion of 
the supremacy of Britain's Parliament, there went, as part of it, 
the further notion, that it was to apply a different set of principles 
to the government of the colonies from what it did to the govern- 
ment of England. But the bold tongue of James Otis sounded 
the inquiry which forever rejected the doctrine of parliamentary 
supremacy in the provinces, which placed that supremacy in the 
provincial Parliaments, and, in so doing, secured the provincial 
liberties. Otis himself, great as he was and conscious of the 
magnitude of his work, still, as other agents of liberty have been, 
hardly knew what he did. He died in the belief that the Parlia- 
ment of jpngland was something greater than the Parliament of 
Massachusetts : but when, in his all-compelling argument, he 
showed forth the Writs as the instruments of an absolutism which 
was using Parliament for its own ends, and when he traced those 
encroachments of prerogative back to Charles II., and declared 
that that monarch had courted Parliament as a mistress, he ex- 
posed the whole plan, and he dragged it forth into the pure air 
only that it should crumble into dust. Free inquiry at once 
roused itself to action. What was this Parliament, and what had 
it to do with the colonies ? were the questions heard on every 



300 CONSTITUTIONAL LIBERTY. 

side. What was this prerogative, and what had sucn a question- 
able shape to do in America ? Though, in spite of reason, the 
vague and groping notion that the Parhament of England must 
be something greater than the Parliament of Virginia or the Par- 
liament of Massachusetts stuck tenaciously, it finally gave way, 
and parliamentary freedom at last established itself on American 
soil as a purely local self-government. Instead of existing for 
one people only and in one locality, this freedom was to exist for 
all who spoke the English tongue wherever it had an abiding 
place, and who could show they were fit to have it by asserting its 
existence among them. Instead of dwelling only in Westminster 
Hall, it was to find a habitation in thirteen different commonwealths 
at once, and the rule was laid down, that no autonomy based on the 
Teutonic principle of local self-government should so much as' be 
considered free, until the absolute freedom of its own Parliament, 
a freedom restricted by race, tribal and physical limitations only^ 
was guaranteed it in advance, and maintained inviolate from the 
beginning. 

Free inquiry gave England a constitution, and it did the same 
for America. Applied to government it had for its results the 
limitation of the prerogative, the annihilation of arbitrary power, 
and the expansion of the liberty of the individual : pushed to the 
last extremity, it turned not upon its tracks, but hewed its way 
by boldly vesting the sovereignty itself in the citizen. The con- 
flict by which these results were simultaneously attained continued 
until its climax was reached in the American Revolution, whereby 
the supremacy of local self-government was assured, and constitu- 
tional government, on the basis of individual liberty, was firmly 
established. Thus the Revolution of 1776 gave to America what 
the Revolution of 1688 gave to England, constitutional, local self- 
government. 

In looking back to the period when the English people, still 
under the influence of the Reformation, took upon themselves a 
new character, and felt the impulse which directed them across 
the Atlantic to found new States in the Western Hemisphere, it is 
well to inquire what has been the Motive of their Development ? 
The answer from first to last, from the convocation of Pym's 
Parliament and before, to the achievement of American Inde- 



' THE LAW OF DEVELOPMENT VERIFIED. 3OI 

pendence, is the Assertion of Individuality. First, that assertion 
in matters of conscience ; lastly, that assertion in matters of gov- 
ernment. 

When the English tribe started on its career through these gen- 
erations, it was submissive to credulity in religion and submissive 
to- unaccountable power in the state. Its social form was a 
political tyranny, erected upon religious credulity. When it 
emerged from the conflicts of these ages, its whole character was 
changed. In England, in the place of intolerance, conscience is 
free, and the church instead of using the civil power to enforce 
its decrees, is but a mere appendage of a government which, in 
turn, uses it for its own purposes : while in the place of unaccount- 
able power, there stands a parliamentary or representative govern- 
ment, with prerogative shorn of its terrors. There, the social form 
has become one in which the Freedom of the Citizen is founded 
upon Freedom of Conscience. In America we behold a like 
spectacle. Here, too, intolerance has given way to a freedom of 
conscience which will not even listen to a union of Church and 
State, or any thing in the nature of any connection whatever. 
In the eye of government there is no Church but churches, which, 
under the law, are simply corporate aggregations of individuals, 
and which are entitled only to the protection accorded to all 
corporations alike. In the place of unaccountable power we 
behold a purely representative government, and here, too, the 
social form is one where the Freedom of the Citizen is built 
upon Freedom of Conscience. The tables are completely 
turned. 

In observing the successive stages of this mighty change, we 
see that the Spirit of Liberty which moved Individuality to action, 
first acted toward the establishment of a Constitutional Govern- 
ment in England ; that, the work having been accomplished there, 
she next betook herself westward to the silent culture of States 
from colonies ; and, lastly, that when the time of their maturity had 
come, she fiercely drew the sword^ and, asserting their existence, 
took a step still further, and boldly transferred^ the sovereignty 
from the throne to the people. 

In all this course, we behold the expansion of individual rights 
at the cost of unaccountable power, whether that power be in 
Church or State. It is the history, for the time being, of the 



302 CONSTITUTIONAL LIBERTY. 

career of the Spirit of Libert}^ as it existed in the English tribe. 
First of her works came Freedom of Conscience ; next came the 
culture of Tribal Institutions in a desert where there was nothing 
to hinder their growth ; and, last of all, came Popular Sovereignty- 
founded upon Freedom of Conscience, and sustained by institu- 
tions as old and as free as the tribe itself. This trilogy of Eras 
covers the most glorious period of the English race known to 
history. 



APPENDIX 



303 



APPENDIX A. 

THE BOARD OF LORDS OF TRADE AND PLANTATIONS. 

The general supervision and management of the British plantations in 
America and elsewhere was entrusted by King Charles II., by royal commis- 
sion, dated i Dec, 1660, to a standing council, who were instructed to corre- 
spond with the several governors, etc., and in general to dispose of all matters 
relating to the good government and improvement of the colonies. Subsequent 
commissions were from time to time issued to various individuals, substantially 
of the same tenor, constituting them a Council of Foreign Plantations for the 
time being. On the 21st December, 1674, the king revoked the commission for 
the existing council, and directed their books and papers to be delivered to the 
clerk of the Privy Council. By order in council, 12 March, 1765, King Charles 
II. referred whatever matters had been under the cognizance of the late Coun- 
cil of Trade and Foreign Plantations to a committee of the Privy Council, 

* * * and directed them to meet once a week, and report their proceedings 
to the king in council. During the reign of James II. the affairs of the plan- 
tations continued to be managed by a similar committee of the Privy Council. 

* * * Upon the accession of King William III., in February, 1689, a com- 
mittee of the Privy Council continued to manage the affairs of the plantations, 
until their growing importance suggested the necessity of a separate and distinct 
department of government for their direction. 

The year 1696 is the era of the permanent organization of what is familiarly 
known to our historians as the " Board of Trade." On the 15th May in that year 
King William III., by royal commission, constituted and appointed the great 
ofHcers of state, for the time being, and certain other persons, "Commissioners 
during the royal pleasure, for promoting the trade of the kingdom, and for in- 
specting and improving the plantations in America and elsewhere." This 
board was empowered and required to examine into the general condition of the 
trade of England and of foreign parts, and to make representations to the king 
thereupon ; to take into their custody all letters and papers belonging to the 
Plantation OfHce ; to inquire into the condition of the plantations ; to examine 
into the instructions of the governors, etc., and report their conduct to the 
king ; to present the names of proper persons for governors and secretaries, 
etc., in the colonies, to the king in council ; to examine into and consider the 

305 



306 APPENDIX. 

acts passed in the colonies ; to hear complaints, and make representations there- 
upon, etc.; and with power to send for persons and papers. The Board of 
Trade and Plantations, as thus organized, was continued througli the successive 
reigns by royal commissions, until its final dissolution by Act of Parliament, in 
July, 1782. — Brodhead's " Report to the Governor of the State of New York," 
1845, I ; "Docs, relating to the Colonial Hist, of N. Y., Genl. Introd," pp. 
xxviii, et seq. ; see also Id., vol. iii, Introd., xv. 

It was only in matters of great secrecy and concern that the Provincial Gov- 
ernors were required to correspond directly with the Secretaries of State. — /</., 
i, xxix. 

On the suppression of the Board in 1782, the business was transferred to the 
Secretaries of State. 



• APPENDIX B. 

EXTRACTS RELATING TO FREEDOM OF CONSCIENCE, FROM " THE 
GREAT LAW, OR, THE BODY OF LAWS OF THE PROVINCE OF 
PENNSYLVANIA AND TERRITORIES THEREUNTO BELONGING, 
PASSED AT AN ASSEMBLY AT CHESTER, ALIAS UPLANDS, THE 
7TH DAY OF THE lOTH MONTH, DECEMBER, 1682." 

" Whereas the glory of Almighty God, and the good of mankind, is the 
reason and end of government, and therefore government, in itself, is a vener- 
able ordinance of God ; and forasmuch as it is principally desired and intended 
by the proprietary and governor, and the freemen of the province of Pennsyl- 
vania and territories thereunto belonging, to make and establish such laws as 
shall best preserve true Christian and civil liberty, in opposition to all unchris- 
tian, licentious, and unjust practices, whereby God may have his due, Csesarhis 
due, and the people their due, from tyranny and oppression of the one side, and 
insolency and licentiousness of the other, so that the best and firmest founda- 
tion may be laid for the present and future happiness of both the governor and 
people of this province and territories aforesaid, and their posterity. Be it 
therefore enacted, by William Penn, proprietary and governor,, by and with the 
advice and consent of the deputies of the freemen of this province, and counties 
aforesaid, in assembly met, and by the authority of the same, that these follow- 
ing chapters and paragraphs shall be the laws of Pennsylvania and the terri- 
tories thereof. 

I. "Almighty God being only Lord of conscience, father of lights and 
spirits, and the author as well as object of all divine knowledge, faith, and wor- 
ship, who only can enlighten the mind, and persuade and convince the under- 
standing of people, in due reverence to his sovereignty over the souls of mankind: 
It is enacted by the authority aforesaid, that no person now or at any time here- 
after living in this province, who shall confess and acknowledge one Almighty 
God to be the creator, upholder, and ruler of the world, and that professeth 



APPENDIX. 307 

him or herself obliged in conscience to live peaceably and justly under the civil 
government, shall in anywise be molested or prejudiced for his or her conscien- 
tious persuasion or practice, nor shall he or she at any time be compelled to fre- 
quent or maintain any religious worship, place, or ministry whatever, contrary 
to his or her mind, but shall freely and fully enjoy his or her Christian liberty 
in that respect, without any interruption or reflection ; and if any person 
shall abuse or deride any other for his or her different persuasion and practice 
in matter of religion, such shall be looked upon as a disturber of the peace, 
and be punished accordingly. * * * 

2. "And be it further enacted, by the authority aforesaid, that all officers 
and persons commissionated and employed in the service of the government of 
this province, and all members and deputies elected to serve in assembly 
thereof, and all that have right to elect such deputies, shall be such as profess 
and declare they believe in Jesus Christ to be the son of God, and Saviour of 
the world, and that are not convicted of ill-fame, or unsober and dishonest con- 
versation, and that are of one and twenty years of age at least." * * * 



APPENDIX C. 

INTOLERANCE OF AMERICAN PURITANISM. 

' ' Most of the early Reformers were intolerant. Most bitter was the persecu- 
tion, in the Low Countries, of the Arminians by the Calvinists, who had very 
recently been delivered from persecution themselves. * * * 

" The celebrated ' Pilgrim Fathers,' who fled from the tyranny of Laud and 
his abettors, to America, and are described as having ' sought only freedom to 
worship God' had no notion of allowing the same freedom to others, but 
enacted and enforced the most severe penalties against all who differed from 
them, and compelled the ever-venerated Roger Williams, the great champion of 
toleration, to fly from them to Rhode Island, where he founded a colony on his 
own truly Christian system. One of the principal founders of the New England 
colony [Sir Richard Saltonstall], remonstrated with these persecutors, saying (in 
a letter given in a late number of the Edinburgh Review [Oct., 1855, p. 564, 
and in Hildreth's "Hist. U; S." i, 382, 383,]): 'Reverend and dear sirs, 
whom I unfeignedly love and respect, it doth not a little grieve my spirit to hear 
what sad things are reported daily of your tyranny and persecution in New 
England, as that you fine, whip, and imprison men for their consciences. 
First, you compel such to come into your assemblies as you know will not join 
you in your worship ; and when they show their dislike thereof, or witness 
against it, then you stir up your magistrates to punish them, for such, as you 
conceive, their public affronts. Truly, friends, this your practice of compelling 
any, in matters of worship, to that whereof they are not fully persuaded, is 
to make them sin ; for so the Apostle (Romans, xiv, 23), tells us ; and many 
are made hypocrites thereby, conforming in their outward acts for fear of pun. 



308 APPENDIX. 

ishment. We pray for you, and wish you prosperity every way ; hoping the 
Lord would have given you so much light and love there, that you might 
have been eyes tc God's people here, and not to practise those courses in the 
wilderness which you went so far to prevent.' They [Wilson and Cotton], re- 
plied : ' Better be hypocrites than profane persons. Hypocrites give God part 
of his due — the outward man ; but the profane person giveth God neither out- 
ward nor inward man. You know not if you think we came into this wildei*- 
ness to practise those courses which we fled from in England. We believe 
there is a vast difference between men's inventions and God's inventions ; we 
fled from men's inventions, to which we else should have been compelled ; we 
compel none to men's inventions.' 

" About the same time Williams sent a warm remonstrance to his old friend 
and governor, Endicott, against these violent proceedings. The Massachusetts 
theocracy could not complain that none showed them their error ; they did not 
persevere in the system of persecution without having its wrongfulness pointed 
out. 

" ' Had Bunyan,' said the Reviewer, ' opened his conventicle in Boston, he 
would have been banished, if not whipped ; had Lord Baltimore appeared 
there, he would have been liable to perpetual imprisonment. If Penn had 
escaped with either of his ears, the more pertinacious Fox would, doubtless, 
have ended by mounting the gallows, with Marmaduke Stephenson or William 
Leddra. Yet the authors of these extremities would have had no admissible pre- 
text. They were not instigated by the dread of similar persecution, or by the 
impulse to retaliate. There was no hierarchy to invite them to the plains of 
Armageddon ; there was no Agag to hew in pieces, or kings and nobles to bind 
with links of iron. They persecuted spontaneously, deliberately, and securely. 
Or rather, it might be said, they were cruel under difficulties. They trod the 
grapes of their wine press in a city of refuge, and converted their Zoar into a 
house of Egyptian bondage ; and, in this respect, we conceive they are with- 
out a parallel in history.'" — Bacon's ''Essays," Annotations by Archbishop 
Whately to Essay V, "Of Adversity." 

' ' Your New England ministers, so-called, seem to have much zeal for religion, 
but have a peculiar talent in the application and practice ; and by looking no 
farther than their own narrow limits, do not consider the universality of God's 
love to the creation, and how pleasing it is in his sight that we carry a moral 
and civil respect and love to our fellow-creatures, as brethren by creation and 
tlie workmanship of his hands, all of a piece as to our naturals." — Extract from 
letter of Isaac Norris, A.D., 1700. — "Penn. Corresp., Memoirs of Hist. Soc. 
of Penna.," ix, 23. 

What must have been the psychological condition of a people whose most 
precious specimen of literature at that time, 1647, — one of the few specimens 
extant, — breathed the spirit emanating from the following quotations from 
Nathaniel Ward's " Simple Cobljler of Agawam " ? It was a great book in its 
day — it ran through four editions in the first year, — and unquestionably reflects 
truly the moral and mental condition of those to whom it was addressed, and 



APFENDIX. 3C9 

who took it to their bosoms. Cotton, with all his learning and good antecedents, 
was bad enough, but, of all the bigots who left their mark on the unformed 
character of the youthful colony, none surpassed Ward in intolerance. Yet 
this man had had every thing to make him good ; all, in fact, that ability, learn- 
ing, travel, good society, and the companionship of such men as Lord Bacon, 
Usher, and David Paraeus could do. They v/ere all in vain. The more light 
thrown on his mind, the more it contracted. He may have done some good by 
helping the simple laws of the colony on their feet, despotic and cruel though 
they were, but that was all, and, after remaining in this country twelve years, 
the bigot returned to England. Here are a few specimens extracted from 
Tyler's " History of American Literature," i. pp. 230, et seq., the ita'ics being 
my own. It may be said of him, what he said of the Devil, " Sathan is now in 
his passions * * * he loves to fish in roiled waters." 

" We have been reputed a colluvies of wild opinionists swarmed into a remote 
wilderness, to find elbow-room for our fanatic doctrines and practices. I trust 
our diligence past, and constant sedulity against such persons and courses will 
plead better things for us. I dare take upon me to be the herald of New Eng- 
land so far as to proclaim to the world, in. the name of our colony, that all 
Familists, Antinomians, Anabaptists, and other enthtisiasts, shall have free 
libe7-ty — to keep away from its ; and sicch as will come — to he gone as fast as ilicy 
can, the sooner the better." Toleration, he tells us, is " profaneness," laying 
" religious foundations on the ruin of true religion ; which strictly binds every 
conscience to contend earnestly for the truth, to preserve unity of spirit, faith, 
and ordinances, to be all like-minded, of one accord : every man to take his 
brother unto his Christian care * * * and, by no means to permit heresies or 
erroneous opinions. ■■■ ■•• ''■■ My heart hath naturally detested four things : 
the standing of the Apocrypha in the Bible, foreigjters dwellittg in my cotmtry to 
crowd our native subjects into the coi'ners of the earth, alchemized coins, tolera- 
tion of divers religions or of one religion in segregant shapes. * * * Poly- 
piety is the greatest impiety in the world. * * * Xo authorize an untruth by 
a toleration of state, is to build a sconce against the walls of heaven, to batter God 
out of his chair. * * * He that is willing to tolerate any religion or discrepant 
way of religion, besides his own, unless it be in matters merely indifferent, 
either doubts of his own, or is not sincere in it. He that is willing to tolerate 
any, unsound opinion, that his own may also be tolerated, though never so 
sound, will for a need hang God's Bible at the Devil's girdle. * * * It is 
said that men ought to have liberty of their conscience, and that it is persecu- 
tion to debar them of it. * * * Let all the wits under the heavens lay their 
heads together and find an assertion worse than this (one excepted,) [and] I will 
petition to be chosen the universal idiot of the world. * * * Since I knew 
what to fear, my timorous heart hath dreaded three things : a blazing star ap- 
pearing in the air ; a state-comet, I mean a favorite, rising in a kingdom ; a netv 
opinion spreading in religion. * * * if the whole conclave of hell can so 
compromise exadverse and diametrical contradictions as to compolitize such a 
multimonstrous maufrey of heteroclites and quicquidlibets quietly, I trust I may 
say with all humble reverence, they can do more than the senate of heaven." 



3IO APPENDIX. 

Here is the soul of Torquemada and the buffoonery of Tetzel. Mr. Tyler, 
however, cites a redeeming passage, which in justice to Ward should be given, 
though he significantly points out how annihilating it is to Ward's own doctrine 
against toleration : "Ye will find it a far easier field to wage war against all 
the armies that ever were or will be on earth, and all the angels of heaven, than 
to take up arms against any truth of God." 

With the annihilation of his book by the only good thing in it, let us leave 
him ; not, however, without giving the full title of the greatest literary effort 
of its day in Massachusetts; "The Simple Cobbler of Agawam in America: 
willing to help 'mend his native country, lamentably tattered both in the upper- 
leather and sole, with all the honest stitches he can take ; and as willing never 
to be paid for his work by old English wonted pay. It is his trade to patch all 
the year long gratis. Therefore I pray gentlemen keep your purses. By 
Theodore de la Guard. ' In rebus arduis ac tenui spe, fortissima quaeque 
consilia tutissima sunt,' — Cic. In English : 

When boots and shoes are torn up to the lefts, 
Cobblers must thrust their awls up to the hefts; 
This is no time to fear Apelles' gramm : 
Ne sutor quidem ultra crepidam.' 

London. Printed by J. D. and R. I. for Stephen Bowtell, at the sign of the 
Bible, in Pope's Head Alley, 1647." For sentiments similar to those of Ward, 
' see the elder Winthrop, Cotton, Dudley, and Norton. 



APPENDIX D. 

EXTRACTS FROM A REPORT OF THE LORDS COMMISSIONERS OF 
TRADE AND PLANTATIONS, TO THE HOUSE OF COMMONS. 
DATED YE 27TH OF MARCH, 1701. 

We have on many occasions represented to his majesty, as we did likewise in 
our report to the late House of Commons, the state of such plantations in 
America as are under the government of proprietors and charters, and how 
inconsistent such governments are with the trade and welfare of this kingdom. 

That these Colonies in general have noways answered the chief design for 
which such large tracts of land and privileges and immunities were granted by 
the crown. 

That they have not conformed themselves to the several acts of Parliament 
for regulating trade and navigation, to which they ought to pay the same obedi- 
ence and submit to the same restrictions as the other plantations, which are 
subject to his majesty's immediate governments ; though, on the contrary, in 
most of those proprietary and charter governments, the Governors have not ap- 
plied themselves to his majesty for his approbation, nor have taken the oaths 
required by the Acts of Trade, both which qualifications are made necessary by 
the late act for preventing frauds and regulating abuses in the plantation trade. 



APPENDIX. 



311 



That they have assumed to themselves a power to make laws contrary and re- 
pugnant to the laws of England, and directly prejudicial to our trade, some of 
them having refused to send hither such laws as they have there enacted, or 
have sent them very imperfectly. 

That divers of them having denied appeals to his majesty in council, by 
which not only the inhabitants of those Colonies, but others, his majesty's sub- 
jects, are deprived of that benefit enjoyed in the plantations, under his majesty's 
immediate government, and the parties aggrieved without remedy from the il- 
Ijgal proceedings of their courts. 

That these Colonies continue to be the refuge and retreat of pirates and 
illegal traders, and the receptacle of goods imported thither from foreign 
parts, contrary to the law, no return of which' commodities, those {obliterated^ 
all of which is much encouraged by their not admitting of appeals as aforesaid. 

That by raising and lowering their coin from time to time, to their particular 
advantage, and the prejudice of other Colonies, by exempting their inhabitants 
from duties and customs to which other Colonies are subject, and by harbor- 
ing of servants and fugitives, these governments tend greatly to the under- 
mining the trade of the other plantations, and entice and draw away the people 
thereof, which diminution of hands in Colonies more beneficial to the Crown, 
and do very much \obliterated\ Independent Colonies do turn the course of 
trade to \obliterated'\ propagating woollens and other manufactures proper to 
England, and not of applying their thoughts and endeavors to such as are fit to 
be encouraged in those pans, according to the true design and intention of those 
settlements. 

That these governments do not put themselves in a state of defence against 
an enemy, nor do they sufficiently provide themselves with arms and ammu- 
nition, many of them not having a regular militia, being no otherwise at 
present but in a state of anarchy and confusion. To cure these and other 
great mischiefs in these Colonies, and to introduce such administration of 
government and fit regulations of trade as may make them duly subser- 
vient and useful to England, we have humbly offered our opinion that the 
charters of several proprietors and other instituting them to a right of gov- 
ernment, should be resumed to the crov/n, and these Colonies put into the 
same state of dependency as those of his majesty's other plantations, with- 
out further prejudice to every man's particular property and freehold, which 
we conceive cannot otherwise be well effected than by the legislative power 
of this kingdom. — " Memoirs of Hist. Soc. of Pa.," vol. ix. Appendix, pp. 
379, 380. 

In this connection, it may be well to read the passages bearing on this subject 
in the " Diary" of Evelyn, who was one of the original members of what was 
known as the Board of Trade and Plantations. From these it will appear that 
alarm and mistrust respecting New England were constant : 

" — but what we most insisted on was to know the condition of New England, 
which appearing to be very independent as to their regard to Old England or 
his Majesty, rich and strong as they now were, there were greate debates in 



312 APPENDIX. 

what style to write to them, for the condition of that colony was such that they 
were able to contest with all other Plantations about them, and there was feare 
of their breaking from all dependance on this nation * * * some of our 
Council were for sending them a menacing letter, which those who better un- 
derstood the peevish and touchy humor of that Colonic, were utterly against." 
— rEvelyn's "Diary," May 26, 1671. First meeting of the Commissioners of 
Trade and Plantations. 

" I went to Council, where was produc'd a most exact and ample information 
of the state of Jamaica, and of the best expedients as to New England, * * 
* since we understood they were a people almost upon the very brink of re- 
nouncing any dependance on the Crowne." — Id., June 6, 1671. 

" — the Council concluded that in the first plac« a letter of amnestic should 
be dispatch'd." — Id., June 21, 1671. 

" A full appearance at the Council. The matter in debate was whether we 
should send a Deputy to New England, requiring them of the Massachusets to 
restore such to their limits and respective possessions as had petition'd the 
Council ; this to be the open Commission only, but in truth with seacret 
instructions to informe the Council of the condition of those Colonies, and 
whether thay were of such power as to be able to resist his Majesty and declare 
for themselves as independent of the Crowne, which we were told, and of which 
of late years made them refractorie. Coll. Middleton being call'd in, assur'd 
us they might be curb'd by a few of his Majesty's first rate fregates, to spoil 
their trade with the islands ; but tho' my Lo. President [the Earl of Sand- 
wich,] was not satisfied, the rest were, and we did resolve to advise his Majesty 
to send Commissioners with a formal Commission for adjusting boundaries, etc., 
with some other instructions." — Id., August 3, 1671. 

" We also deliberated on some fit person to go as Commissioner to inspect 
their actions in New England, and from time to time report how that people 
stood affected." — Id., Feb. 12, 1672. 

' ' Now our Council of Plantations met at Lord Shaftesbury's (Chancellor of 
the Exchequer) to reade and reforme the Draught of our new Patent, joyning 
the Council of Trade to our political capacities." — Id., Sept. i, 1672. 

In 1701 this same board declared, that, " the independency the colonies thirst 
after, is notorious." 

In 1703, Quarry wrote : " Commonwealth notions improve daily, and, if it be 
not checked in time, the rights and privileges of English subjects will be 
thought too narrow." 

In 1705, the following occurs : — "The colonists will, in process of time, cast 
off their allegiance to England and set up a government of their own," * * * 
and that "their increasing numbers and wealth, joined to their great distance 
from Britain, would give them an opportunity, in the course of some years, to 
throw off their dependence on the nation, and declare themselves a free state, 
if not curbed in time, by being made entirely subject to the crown. — Some 
great men professed their belief of the feasibleness of it, and the probability of 
its some time or other actually coming to pass." — " Defence of the New Eng- 
land Charters," Jeremiah Dummer, 32, 33. 



APPENDIX. 



313 



"We have caught them at last," said Choiseul, Bancroft's " Hist. U. S. " 
chap. XX, and Lord Mansfield declared, that, "ever since the Peace of Paris 
he always thought the northern Colonies were meditating a state of indepen- 
dency on Great Britain." — Id., id. 

But, though such expressions were used here and abroad, and such desires 
undoubtedly did exist in the breasts of individuals, nothing like a wish for 
political independence was at all general among the people, and I have no 

doubt that John Adams expressed the feeling exactly in the followin"- words : 

" There is great ambiguity in the expression, 'there existed in the Colonies a 
desire of independence.' It is true there always existed in the Colonies a de- 
sire of independence of Parliament in the articles of internal taxation and in- 
ternal policy, and a very general, if not a universal opinion, that they were 
constitutionally entitled to it, and as general a determination, if possible, to 
maintain and. defend it. But there never existed a desire of independence of 
the crown, or of general regulations of commerce for the equal and impartial 
benefit of all parts of the empire. It is true, there might be times and circum- 
stances in which an individual or a few individuals, might entertain and ex- 
press a wish that America was independent in all respects, but these were ' rari 
nantes in gurgite vasto.' For example, in one thousand seven hundred and 
fifty-six, seven, and eight, the conduct of the British generals Shirley, Brad- 
dock, Loudon, Webb, and Abercrombie was so absurd, disastrous, and de- 
structive, that a very general opinion prevailed that the war was conducted by 
a mixture of ignorance, treachery, and cowardice ; and some persons wished we 
had nothing to do with Great Britain forever. Of this number I distinctly 
remember I was myself one, fully believing that we were able to defend our- 
selves against the French and Indians, without any assistance or embarrass- 
ment from Great Britain. * * * That there existed a general desire of 
indepe7idence of the crown iit any part of America before the Revolution, is as far 
fo'om the truth as the zenith is ffom the nadir. That the encroaching dispo- 
sition of Great Britian would one day attempt to enslave them by an unlimited 
submission to Parliament and rule them with a rod of iron, was early foreseen 
by many wise men in all the States ; that this attempt would produce resist- 
ance on the part of America, and an awful struggle, was also foreseen, but 
dreaded and deprecated as the greatest calamity that could befall them. For 
my own part, there was not a moment during the Revolution, when I would not 
have given every thing I ever possessed for a restoration to the state of things 
before the contest began, provided we could have had any efficient security for 
its continuance." — Letter to George Alexander Otis, " Life and Works of John 
Adams," x, 394, 395 ; dated 9 February, 1821. And see letter from same to 
William Tudor, Id., x, 373, in which is also quoted [pp. 372, 373] the follow- 
ing paragraph from a letter to Dennys de Berdt, authorized by the committee 
composed of J. Otis, Sam. Adams, Col. Otis, Maj, Hawley, and Samuel 
Dexter : — 

" When we mention the rights of the subjects in America, and the interest 
we have in the British constitution, in common with all other British subjects, 
we cannot justly be suspected of the most distant thought of an independency 



314 APPENDIX. 

on Great Britain. Some, we know, have imagined this of the colonists ; and 
others, perhaps, may have industriously propagated it, to raise gi^oundless and 
unreasonable jealousies of them ; but it is so far from the truth, that we appre- 
liend the colonies would refuse it, if offered to them, and would even deem it 
the greatest m.isfortune to be obliged to accept it. They are far from being in- 
sensible of their happiness in being connected with the mother country, and of 
the mutual benefits derived from it to both." 

After the temper of the colonies had been ruffled by the Stamp Act, there are 
to be found expressions, such as this extract from The American Whig, A. D., 
1769 (New York), contains, though they were, as John Adams says, confined to 
individual and not general opinion. 

" This country will shortly become a great and flourishing empire, inde- 
pendent of Great Britain ; enjoying its civil and religious liberty, uncontami- 
nated and deserted of all control from bishops, the curse of curses, and from 
the subjection of all earthly kings. The corner-stones of this great structure are 
already laid, the materials are preparing, and before six years roll about, the 
great, the noble, the stupendous fabric will be executed." 



APPENDIX E. 

THE THREE ACTS. 

THE ACT OF NAVIGATION. 

STAT. 12 CAR. 11., C. 18. — A.D. 1660. 

" An act for the encouraging and increasing of shipping and navigation. 

' ' For the increase of shipping and encouragement of the navigation of this 
nation, wherein, under the good Providence and protection of God, the wealth, 
safety, and strength of this kingdom is so much concerned, be it enacted, that 
from and after the first day of December, 1660, and from thence forward, no 
goods or commodities, whatsoever, shall be imported into, or exported out of, 
any lands, islands, plantations, or territories, to his Majesty belonging, or in his 
possession, or which may hereafter belong unto or be in the possession of his 
Majesty, his heirs and successors in Asia, Africa, or America, in any other ship 
or ships, vessel or vessels, whatsoever, but in such ships or vessels, as do truly 
and without fraud, belong only to the people of England and Ireland, dominion 
of Wales, or town of Berwick-upon-Tweed, or are of the build of, and belong- 
ing to, any of the said lands, islands, plantations, or territories, as the proprie- 
tors and right owners thereof, and whereof the master, and three fourths of the 
mariners, at least, are English ; under the penalty of the forfeiture and loss of 
all the goods and commodities which shall be imported into, or exported out of 
any of the aforesaid places, in any other ship or vessel, as also of the ship or 
vessel, with all its guns, furniture, tackle, ammunition, and apparel ; one third 
pari: thereof to his Majesty, his heirs and successors ; one third part to the gov- 



APPENDIX. 315 

ernor of sucli land, plantation, island, or territory, where such default shall be 
committed, in case the said ship or goods be there seized : or, otherwise, that 
third part also to his Majesty, his heirs, and successors ; and the other third part 
to him or them who shall seize, inform, or sue, for the same in any court of rec- 
cord, by bill, information, plaint, or other action, wherein no essoin, protection, 
or wager of law shall be allowed. And all admirals, and other commanders at 
sea, of any of the ships of war, or other ships, having commission from his Majes- 
ty, or from his heirs or successors, are hereby authorized and strictly required 
to seize and bring in as prize all such ships or vessels as shall have offended 
contrary hereunto, and deliver them to the Courts of Admiralty, there to be 
proceeded against ; and in case of condemnation, one moiety of such forfeitures 
shall be to the use of such admirals, or commanders, and their companies, to 
be divided and proportioned among them, according to the rules and orders of 
the sea, in case of ships taken prize ; and the other moiety to the use of his 
majesty, his licirs and successors." 

Sectio7t second enacts, that all governors shall take a solemn oath to do their 
utmost, that every clause shall be punctually obeyed. 

Section third. And it is further enacted by the Authority aforesaid that no 
goods or commodities whatsoever of the growth, production, or manufacture of 
Africa, Asia, or America, or any part thereof, or which are described or laid 
down in the usual maps or cards of those places, be imported into 'England, 
Ireland, or Wales, islands of Guernsey or Jersey, or town of Berwick-upon- 
Tweed, in any other ship or ship's vessel or vessels whatsoever, but in such as 
do truly and without fraud belong only to the people of England or Ireland, 
dominion of Wales, or town of Berwick-upon-Tweed, or of the lands, islands, 
plantations, or territories in Asia, Africa, or America, to his Majesty belonging, 
as. the proprietors and right owners thereof, and whereof the master and three 
fourths at least of the mariners are English under penalty, etc. 

Section fourth. ' And it is further enacted by the Authority aforesaid that no 
goods or commodities that are of foreign growth, production, or manufacture, 
and which are to be brought into England, Ireland, Wales, the islands of Guern- 
sey and Jersey, or town of Berwick-upon-Tweed, in English-built shipping or 
other shipping belonging to some of the aforesaid places and navigated by Eng- 
lish mariners, as aforesaid, shall be shipped or brought from any other place or 
places, country or countries, but only from those of their said growth, produc- 
tion, or manufacture, or from those ports where the said goods and commodities 
can only, or are, or usually have been first shipped for transportation and from 
none other places or countries, under the penalty of the forfeiture of all such of 
the aforesaid goods as shall be imported from any other place or country fon- 
trary to the true intent and meaning thereof, as also of the ship in which xhey 
were imported, etc. 

Section eighteenth. And it is further enacted by the Authority aforesaid that 
from and after the first day of April, which shall be in the year of our Lord 
t66i, no sugars, tobacco, cotton, wool, indigoes, ginger, fustick, or other dye- 
ing wood of the growth, production, or manufacture of an English plantation 
in America, Asia, or Africa, shall be shipped, carried, conveyed, or transported 



3l6. APPENDIX. 

from any of the said English plantations to any land, island, territory, domin- 
ion, port, or place whatsoever other than to such English plantations as do belong 
to his Majesty, his heirs and successors, or to the kingdom of England or Ire- 
land or principality of Wales, or town of Eerwick-upon-Tweed, there to be 
laid on shore under the penalty of the forfeiture of the said goods or the full 
value thereof, as also of the ship, with all her guns, etc. 

Sectio7i 7iiiieteenth. And be it further enacted by the authority aforesaici. 
that for every ship or vessel which, from and after the 25th day of December, 
1660, shall set sail out of or from England, Ireland, Wales, or town of Berwicl^- 
upon-Tweed for any English plantations in America, Asia, or Africa, sufficient 
bond shall be given, with one surety, to the chief officer of the custom-house 
of such port or place from whence the said ship shall set sail, to the value of one 
thousand pounds, if the ship be of less burthen than one hundred tons, and of 
the sum of two thousand pounds if the ship shall be of greater burthen. That 
in case the said ship or vessel shall load any of the said commodities at any of 
the said English plantations, that the same commodities shall be by the said ship 
brought to some port of England, Ireland, Wales, or to the port or town of 
Eerwick-upon-Tweed, and shall there unload and put on shore the same, the 
danger of the seas only excepted. And for all ships coming from any other 
port or place to any of the aforesaid plantations who by this act are permitted 
to trade there, that the governor of such English plantation shall, before the said 
ship or vessel be permitted to load on board any of the said commodities, take 
bond in manner and to the value aforesaid for each respective ship or vessel 
that such ship or vessel shall carry all the aforesaid goods that shall be laden on 
board in the said ship to some other of his Majesty's English plantations, or to 
England, Ireland, Wales, or town of Berwick-upon-Tweed. And that every 
ship or vessel that shall load or take on board any of the aforesaid goods, until 
such bond given to the said governor, or certificate produced from the officers of 
any custom-house of England, Ireland, Wales, or of the town of Berwick, that 
such bond have been there duly given, shall be forfeited, with all her guns, etc. 
* * * And the said governors and every of them shall twice in every year, 
return true copies of all such bonds by him so taken to the chief officers of the 
customs in London. 

Rot. Pari., 12 C. 11.,/- 2, nu. 6. 5 Statutes of the Realm, 246. 

STATUTE 15, CAR. II., C. 7 — A.D. 1663. 

" An act for the encouragement of trade." 

Sectio7i fifth. "And in regard his Majesty's plantations beyond the seas are 
inhabited and peopled by his subjects of this his kingdom of England, for the 
maintaining a greater correspondence and kindness between them, and keeping 
them in a firmer dependencn upon it, and rendering them yet more beneficial and 
advantageous unto it, in the further employment and increase of English shipping 
and seamen, vent of English woolm and other manufactures and commodities, 
rendering the navigation to and from the same more cheap and safe, and making 
this kingdom a staple, not only of the commodities of those plantations, but 



APPENDIX. 317 

also of the commodities of other countries and places, for the supplying of 
them ; and it being the usage of other nations to keep their plantations' trades 
to themselves." 

Section sixth. " Be it enacted, etc., that no commodity of the growth, produc- 
tion, or manufacture of Europe, shall be imported into any land, island, planta- 
tion, colony, territory, or place, to his Majesty belonging, or which shall hereafter 
belong unto or be in possession of his Majesty, his heirs and successors, in Asia, 
Africa, or America (Tangiers only excepted), but which shall be bond fide, and 
without fraud, laden and shipped in England, Wales, or the town of Berwick- 
upon-Tweed, and in English-built shipping, and which were bond fide \,o\x^\. 
before the ist of October, 1662, and had such certificate thereof as is directed 
in one act, passed the last session of the present Parliament, entitled, ' An act 
for preventing frauds and regulating abuses in his Majesty's customs ' ; and 
whereof the master and three fourths of the mariners, at least, are English, 
and which shall be carried directly thence to the said lands, islands, plantations, 
colonies, territories, or places, and from no other place or places whatsoever ; 
any law, statute, or usage to the contrary notwithstanding ; under the penalty 
of the loss of all such commodities of the growth, production, or manufacture 
of Europe, as shall be imported into any of them, from any other place what- 
soever, by land or water ; and if by water, of the ship or vessel, also, in which 
they were imported, with all her guns, tackle, furniture, ammunition, and ap- 
parel ; one third part to his Majesty, his heirs and successors ; one third part 
to the governor of such land, island, plantation, colony, territory, or place into 
which such goods were imported, if the said ship, vessel, or goods, be there 
seized, or informed against and sued for ; or, otherwise, that third part, also, to 
his Majesty, his heirs and successors ; and the other third part to him or them 
who shall seize, inform, or sue for the same in any of his Majesty's courts in 
such of the said lands, islands, colonies, plantations, territories, or places where 
the offence was committed, or in any court of record in England, by bill, infor- 
mation, plaint, or other action, wherein no essoin, protection, or wager of law 
shall be allowed." 

The other sections prescribe the oaths and penalties. 

STAT. 25 CAR. II., C. 7. — A.D. 1672. 

" An Act for the encouragement of the Greenland and Eastlard Trades, and 
for the better securing of the Plantation Trade." 

The first four sections relate solely to the fisheries — to train oil, blubber, 
whale-fins, and the like. 

Section fifth. And whereas, by one Act passed in this present Parliament, in 
the twelfth year of your Majesty's reign, entitled, An Act for Encouragement of 
Shipping and Navigation, and by several other laws passed since that time, it 
is permitted to ship, carry, convey, and transport sugar, tobacco, cotton, wool, 
indigo, ginger, fustick, and all other dyeing wood, or the growth, production, 
and manufacture of your Majesty's plantations in America, Asia, or Africa from 
the places of their growth, production, and manufacture, to any other of your 



3l8 APPENDIX. 

Majesty's plantations in those parts (Tangiers only excepted), and that without 
paying of customs for the same, either at the loading or unloading of the said 
commodities, by means whereof the trade and navigation in those commodities 
from one plantation to another is greatly increased, and the inhabitants of di- 
verse of those colonies, not contenting themselves with being supplied with 
those commodities for their own use, free from all customs (while the subjects 
of this your kingdom of England have paid great customs and impositions for ■ 
what of them have been sent here), but contrary to the express letter of the 
aforesaid laws have brought into diverse parts of Europe great quantities 
thereof, and also daily vend great quantities thereof to the shipping of other 
nations, who bring them into diverse parts of Europe, to the great hurt and 
diminution of your Majesty's customs and of the trade and navigation of this your 
kingdom : For the prevention thereof we your Majesty's Commons, in Parlia- 
ment assembled, do pray that it may be enacted, and be it enacted by the King's 
most excellent Majesty, by and with the advice and consent of the Lords Spirit- 
ual and Temporal and Commons in this present Parliament assembled, and by 
authority of the same, that from and after the first day of September, 1673, if 
any ship or vessel which by law may trade in any of your Majesty's plantations 
shall come to any of them to ship and take on board any of the aforesaid com- 
modities, and that bond shall not be first given with one sufficient surety to 
bring the same to England or Wales, or the town of Berwick-upon-Tweed, and 
to no other place, and there to unload and put the same on shore (the danger of 
the sea only excepted), that there shall be answered and paid to your Majesty, 
your heirs and successors, for so muchof the said commodities as shall be loaded 
and put on board such ship or vessel, these following rates and duties, that is to 
say, etc. 

Section sixth. Duty to be levied by Commissioners of the Customs in Eng- 
land. 

Section seventh. If party have not ready money, Commissioners may take a 
proportion of the commodities. 

Sections eighth and ninth. Relate to Eastland trade. 

Rot. Pari. 25 Car. II., nu. 7 5 Statutes of the Realm, 793. 



APPENDIX F. 

STAT. 13 AND 14 CAR. II., CH. IITH. 

"An Act to prevent frauds, and regulating abuses in his Majesty's cus- 
toms." 

Section fifth. " And be it further enacted by the authority aforesaid, that in 
case, after the clearing of any ship or vessel, by the person or persons which are. 
or shall be appointed by his Majesty for managing the customs, or any their 
deputies, and discharging the watchmen and tidesmen from attendance there- 
upon, there shall be found on board such ship or vessel, any goods, wares, or 



APPENDIX. 319 

merchandises, which have been concealed from the knowledge of the said per- 
son or persons, which are or shall be so appointed to manage the customs, and 
for which the custom, subsidy, and other duties upon the importation thereof 
have not been paid ; then the master, purser, or other person taking charge of 
said ship or vessel, shall forfeit the sum of one hundred pounds ; and it shall 
be lawful to or for any person or persons authorized by writ of assistance tinder 
the seal of his Majesty's court of exchequer, to take a constable, headboroucrh, 
or other public officer, inhabiting near unto the place, and in the daytime to 
enter and go into any house, shop, cellar, warehouse, or room, or other place ; 
and in case of resistance, to break open doors, chests, trunks, and other pack- 
ages, there to seize, and from thence to bring any kind of goods or merchandise 
whatsoever, prohibited and uncustomed, and to put and secure the same in his 
Majesty's storehouse in the port next to the place where such seizures shall be 
made." 

"Here," says John Adams, "is all the color for writs of assistance, which 
the officers of the crown, aided by the researches of their learned counsel, Mr. 
Gridley, could produce." " Life and Works," x, 323. 

In the attempt to support the petition to the colonial court for writs of as- 
sistance, the crown officers presented, among others, acts, whose contents were, 
on examination, discovered to be as incongruous as their titles ; a few of which 
are here given : — " An act for regulating the trade of Bay-making in the Dutch 
Bay-hall in Colchester." "An act for the regulating the making of Kidder- 
minster stuffs." " An act for granting to his Majesty an imposition upon all wines 
and vinegar," etc. "An act for granting to his Majesty an imposition upon all 
tobacco and sugar imported," and finally, " An act for prohibiting the impor- 
tation of foreign bone-lace, outwork, embroidery, fringe, band-strings, buttons, 
and needlework." In times when titles were given to acts of Parliament to 
conceal, not reveal the contents, it certainly behoved a faithful attorney for the 
crown to be blind to the ridiculousness of what really were, no doubt, useful 
subjects, and offer all he could, be it ridiculous or not. But, when, as it turned 
out, these acts, at least for the most part, did not extend to America, were not 
made for the colonies there, and had no more application to Massachusetts than 
to Soudan, these offers and persistence of the crown become in the highest de- 
gree reprehensible. 

STAT. 7 AND 8, W. III., C. 22. ' 

"An Act for preventing frauds, and regulating abuses in the plantation 
trade." 

'^Whereas, notwithstanding divers acts made for the encouragement of the 
navigation of this kingdom, and for the better securing and regulating the plan- 
tation trade, more especially one act of Parliament made in the I2th year of 
the reign of the late King Charles II., instituted an act for the increasing of 
shipping and navigation ; another act, made in the 15th year of the reign of 
his said late Majesty, instituted an act for the encouragement of trade ; another 
act made in the 22d and 23d years of his said late Majesty's reign, instituted an 
act to prevent the planting of tobacco in England, and for regulation of the 



320 APPENDIX. 

plantation trade ; another act, made in the 25th year of the reign of his said late 
Majesty, instituted an act for the encouragement of the Greenland and East- 
land fisheries, and for the better securing the plantation trade, great abuses are 
daily committed to the prejudice of the English navigation and the loss of a 
great part of the plantation trade to this kingdom by the artifice and cunning 
of ill-disposed persons, for remedy whereof for the future," etc. * * * 

Section sixth. "And for the more effectual preventing of frauds and regulating 
abuses in the plantation trade in America, be it further enacted by the authority 
aforesaid, that all ships coming into, or going out of any of the said plantations, 
and lading or unlading any goods or commodities, whether the same be his 
Majesty's ships of war or merchant ships, and the masters and commanders 
thereof, and their ladings, shall be subject and liable to the same rules, visita- 
tions, searches, penalties, and forfeitures, as to the entering, landing, and dis- 
charging their respective ships and ladings, as ships and their ladings, and the 
commanders and masters of ships, are subject and liable unto in this kingdom, 
by virtue of an act of Parliament made in the fourteenth year of the reign of 
King Charles II., instituted an act for preventing frauds and regulating abuses 
in his Majesty's customs. And that the officers for collecting and managing 
his Majesty's revenue, and inspecting the plantation trade, and in any of the 
said plantations, shall have the same powers and authorities for visiting and 
searching of ships, and taking their entries, and for seizing and securing, or 
bringing on shore any of the goods prohibited to be imported or exported into 
or out of any the said plantations, or for which any duties are payable, or ought 
to have been paid, by any of the before mentioned acts, as are provided for the 
officers of the customs in England by the said last mentioned act, made in the 
fourteenth year of the reign of King Charles II.; and also to enter houses or 
warehouses, to search for and seize any such goods ; and that all the wharfingers 
and owners of keys and wharves, or any lightermen, bargemen, watermen, 
porters, or other persons assisting in the conveyance, concealment, or rescue 
of any of the said goods, or in the hindering or resistance of any of the said 
officers in the performance of their duty, and the boats, barges, lighters, or other 
vessels employed in the conveyance of such goods, shall be subject to the like 
pains and penalties, as are provided by the same act made in the fourteenth 
year of the reign of King Charles II., in relation to prohibited or unaccustomed 
goods in this kingdom ; and that the like assistance shall be given to the said 
officers in the execution of their office, as by the said last mentioned act is pro- 
vided for the officers in England ; and, also, that the said officers shall be sub- 
ject to the same penalties and forfeitures, for any corruptions, frauds, conni- 
vances, or concealments, in violation of any the before mentioned laws, as any 
officers of the customs in England are liable to, by virtue of the last mentioned 
act ; and, also, that in case any officer or officers in the plantations shall be 
seized or molested for anything done in the execution of their office, the said 
officer shall and may plead the general issue, and shall give this or other cus- 
tom-acts in evidence, and the judge to allow thereof, have and enjoy the like 
privileges and advantages as are allowed by law to the officers of his Majesty's 
customs in England." 



APPENDIX. 321 

STAT. 6, GEOR. II., CHAP. 1 3. 

"An act for the better securing and encouraging the trade of his Majesty's 
sugar colonies in America. 

Section first. "Whereas, the welfare and prosperity of your Majesty's suo-ar 
colonies in America are of the greatest consequence and importance to the trade 
navigation, and strength of this kingdom ; and whereas, the planters of the said 
sugar colonies have of late years fallen under such great discouragements, that 
they are unable to improve or carry on the sugar trade upon an equal footing 
with the foreign sugar colonies, without some advantage and relief be given to 
them from Great Britain ; for remedy whereof, and for the good and welfare of 
your Majesty's subjects, we, your Majesty's most dutiful and loyal subjects, the 
commons of Great Britain, assembled in Parliament, have given and granted 
unto your Majesty the several and respective rates and duties hereinafter men- 
tioned, and in such manner and form as is hereinafter expressed ; and do most 
humbly beseech your Majesty that it may be enacted, and be it enacted by the 
king's most excellent Majesty, by and with the consent of the lords, spiritual 
and temporal, and commons, in the present Parliament assembled, and by the 
authority of the same, that from and after the twenty-fifth day of December, one 
thousand seven hundred and thirty-three, there shall be raised, levied, collected 
and paid unto, and for the use of his Majesty, his heirs and successors, upon 
all rum or spirits of the produce or manufacture of any of ihe colonies or plan- 
tations in America, not in the possession or under the dominion of his Majesty, 
his heirs and successors, which at any time or times, within or during the con- 
tinuance of this act, shall be imported or brought into any of the colonies or 
plantations in America, which now are, or hereafter may be, in the possession 
or under the dominion of his Majesty, his heirs or successors, the sum of nine- 
pence, money of Great Britain, to be paid according to the proportion and value 
of five shillings and sixpence the ounce in silver, for every gallon thereof, and 
after that rate for any greater or lesser quantity ; and upon all molasses or 
syrups of such foreign produce or manufacture, as aforesaid, which shall be im- 
ported or brought into any of the said colonies of or belonging to his Majesty, 
the sum of sixpence of like money for every gallon thereof, and after that rate 
for any greater or lesser quantity ; and upon all sugars and paneles of such for- 
eign growth, produce, or manufacture, as aforesaid, which shall be imported 
into any of the said colonies or plantations of, or belonging to his majesty, a 
duty after the rate of five shillings of like money for every hundred weight avoir- 
dupois of the said sugar and paneles, and after that rate for a greater or lesser 
quantity." 

Section second. ■ Enacts simply that all duties imposed by the first section 
shall be paid down by the importer before landing. 

Section third. "And be it further enacted, that in case any of the said com- 
modities shall be landed, or put on shore in any of his Majesty's said colonies or 
plantations in America, out of any ship or vessel before due entry be made thereof, 
at the port or place where the same shall be imported, and before the duties by 
this act charged or chargeable thereupon shall be duly paid, or without a war- 



322 APPENDIX. 

rant for the landing and delivering the same, first signed by the collector or im- 
post officer, or other proper officer or officers of the custom or excise, belonginp" 
to such port or place respectively, all such goods as shall be so landed or put on 
shore, or the value of the same shall be forfeited ; and all and every such goods 
as shall be so landed or put on shore, contrary to the true intent and meaning 
of this act, shall, and may be seized by the governor or commander-in-chief, for 
the time being, of the colonies or plantations vi'here the same shall be so landed 
or put on shore, or any person or persons by them authorized in that behalf, or 
by warrant of any justice of the peace or other magistrate (which warrant such 
justice or magistrate is hereby empowered and required to give upon request), 
or by any custom-house officer, impost, or excise officer, or any person or per- 
sons him or them accompanying, aiding, and assisting ; and all and every such 
offence and forfeiture, shall, and may be prosecuted for and recovered in any 
court of admiralty in his majesty's colonies or plantations in America (which 
court of admiralty is hereby authorized, empowered, and required to proceed to 
hear, and finally determine the same), or in any court of record in the said colo- 
nies or plantations where such offence is committed, at the election of the in- 
former or proseccutor, according to the course and method used and practised 
there in prosecution for offences against penal laws relating to customs or ex- 
cise ; and such penalties and forfeitures so recovered there shall be divided as 
follows," etc., etc. 

The remaining sections have reference only to the penalties, onus probandi, 
and charge of prosecution. 



APPENDIX G. 

PREAMBLE TO THE STAMP ACT. 

"• An Act for granting and applying certain Stamp Duties, and other Duties, 
in the British Colonies and Plantations in America, toward further defraying 
the Expenses of defending, protecting, and securing the same ; and for amend- 
ing such Parts of the several Acts of Parliament relating to the Trade and 
Revenues of the said Colonies and Plantations, as direct the Manner of deter- 
mining and recovering the penalties and forfeitures therein mentioned." 

[The great length of the act, which covers thirty-nine pages of large i2mo, 
precludes the possibility of its repetition here.] 



INDEX. 



Abercrombie's campaign, 52 n. . 311 
Absolutism, of the Restoration, 
feeble, 8 ; Anglican, overthrow 
of, 7, 300 ; conflict with, 247, 
etseq. ; conflict with, transferred 
from the closet to the field, 297, 
298 ; acting through Parliament, 

. 299, 300 
Acrelius, Israel . . 161 n. 

Act of 35 Henry VIII. . . 264 
Act of Navigation, 142, Appendix 
E, 312, 313, 314; 186 et seq.; 
effect of, on commerce, 189 ; 
origin of, 190, 191 ; effect of, 
on colonies, 191, 192 ; upon 
Protestantism, 192, 193 ; upon 
monopoly, 193 ; John Adams' 
view of, 195 n.; reenacted, 191, 
196 ; changed relations of colo- 
nies to England, 214, 216, 222 ; 
corner-stone of colonial policy, 
221 ; interpretation of , by gov- 
ernment, 239 ; reenacted by 
Massachusetts, 239 ; prohibi- 
tory in nature, 239, 240. See tit, 
" Restrictive system " ; "Child " ; 
"Gee"; "Ashley"; "Otis." . 
Acts of Trade, multiplication of, 
under William III., 15 ; colo- 
nial indebtedness when attrib- 
uted to, 141, 142 ; design of, 
z86, 187 ; legislation of, The 
Three Acts, 195 etseq. ,^12, 313, 
314, 315, 316 ; treatises upon, 
205 et seq.; motive of '>'>! ; in- 
terpretation of, by government, 
237, 239 ; comments of Otis 
upon, 240, 242, 243. See ap- 
pendices E and F, and tit. " Re- 
strictive system"; "Ashley"; 
"Otis." . . . . 



Acts for revenue. See tit. "Rev- 
enue." 

Adams, Abigail, letters of . 180 n. 

Adams, John, notion of Revolu- 
tion, 24 n.; on governors' com- 
missions, 39 n. ; impression of 
Pennsylvania Dutch, 163 n. ; 
his' Five advantages of New 
England, 164 et seq. ; his en- 
counter with Pemberton, 166 n., 
189 n., 190 n.; his views of 
Acts of Navigation and Trade 
in relation to Am. Revolution, 
195 n. ; on commercial litera- 
ture, 219 n.; on grants in char- 
ters, 220 n. ; reports Otis' argu- 
ment, 244 ; his opinion of it, 
245 n. ; speaks in favor of inde- 
pendence, 297 ; true description 
of colonial desire for indepen- 
dence ..... 311 

Adams, Samuel, moves Com- 
mittee of Correspondence . 271 

Allen, William, opposes Gren- 
ville's policy . . . 254 n. 

America, Discovery of, effects of, 
upon commerce . . . 187 

American colonists, character of 

21, 22, 23 

American Whig, The, prediction of 312 

Annapolis, life at . . 139, I4C> 

Anne, Queen, policy of, favorable 
to colonies, 16 ; purity of lan- 
guage previous to reign of, 130 ; 
foreign travel in South increased 
during reign of . . 130, 131 

Ashley, John, his book, 219; advo- 
cates colonies as sources of rev- 
enue, disdains the charters, 219 ; 
on the regulation of colonial 
trade, the Molasses Act 234, 235 



323 



524 



INDEX. 



Assets, land as . . . . 183 

Baltimore, Lord, see tit. "Calvert, 
George." 

Barbadoes, The, Child's descrip- 
tion of settlers in . . . 20S 

Barclay, Robert, notion of the 
Scriptures . . . 64 n. 

Barre, Colonel .... 255 

Berkeley, Sir William, convenes 
the legislature of Virginia . 42 

Bernard, Governor, his letter to 
Lord Barrington, 263 ; knight- 
ed 264 

Bill or Declaration of Rights, 12 ; 
colonial liberty destitute of, 14 ; 
passed by First Congress . 283 

Black, William, his Journal, 158 et seq. 

Blackstone, Sir William, on com- 
mon law in colonies . 40 n. 

Board of Lords of Trade and 
Plantations, established by 
Chas. IL, revived by William 
IIL, 15 ; Appendix B ; Evelyn, 
member of, 309, 310 ; extracts 
from report of, 308, Appendix 
D ; ultimate object of 15, 16, 221 

Boston, see tit. " Massachusetts," 
''Stamp Act," "Port Bill," 
"Regulating Act," etc. 

Boston Port Bill, 276 ; how re- 
ceived in America . . . 279 

Botetourt, Lord, character of, ap- 
pointed governor of Virginia, 
265 ; dissolves House of Bur- 
gesses, 266 ; his appointment a 
conciliatory act, 265, 267 ; the 
Virginians erect a statue to him 265 

Braddock's defeat 52 n., 311 

Bristol, sympathy of, with colo- 
nies, 18 ; controls, with London, 
colonial trade, 57 ; Burke elect- 
ed member from . . . 284 

Brownists, The, denied right of 
state to impose religion, 60 ; 
called Separatists, 61, 90 ; did 
not disapprove of expulsion of 
Roger Williams, 61 ; settled at 
Plymouth, Mass., 61, 84; the 
Pilgrims were, 84, go ; asserted 
autonomy in Mayflower com- 
pact, 86 ; their autonomy a 
theocratic oligarchy, 86, 87 ; 
motive of their emigration . 92 

Bunker Hill, fight of . . . 290 

Burke, Edmund, his six sources 
of freedom in the colonies, 29 
et seq. ; on material progress of 
colonies, 203 n. ; on colonial 



imports, 2ii n. ; on Port Duty 

Act, 253 n. ; resists Boston Port 
Bill, 276 ; summary view of 
rights of America, 281 ; elected 
from Bristol, 284 ; introduces 
resolutions for conciliation . 28S 

Burnaln', his opinion of Rhode 
Island government, 45 n.; on 
the political and commercial 
character of the Virginians, 
134 n.; on the Pennsylvanians 

163 n. 

Calvert, George, origin and char- 
acter of, 118, 119; becomes a 
Romanist and turns his atten- 
tion to America, 118, 119, 121 ; 
founds Maryland, procures a 
charter with remarkable grants, 
121, 122 ; his relations to free- 
dom of conscience, death . 123 

Cambden, Lord, supports Chat- 
ham 285 

Canada, French occupation of, 
49, 50, 51, 52 ; effect of de- 
struction of French power in, 
185, 186, the Quebec Act, 

277, 278, 2S0 

Carolinas, North and South, Pro- 
prietary, afterward Royal Gov- 
ernments, 36, 45 ; self-govern- 
ment in, vanity of Locke's con- 
stitution . . . -45 

Caucus, The . . . 176 n. 

Charles L, 6, 8 ; attempts mo- 
nopoly of tobacco, 47, 48 ; Vir- 
ginia acquires representative 
government under . . 48 

Charles IL, assents to the 
Habeas Corpus Act, 12 ; re- 
enactment of Navigation Act 
under, 191, 196 ; unmasked by, ~ 
Otis .... 243," 299 

Charters, The, Dr. Robertson's 
remark concerning, commented 
upon, 37, 38 ; construed as 
compacts, 38, 220, and n. ; 
favorable to liberty, 38, 39 ; 
of Virginia, 41 ; of Maryland, 
43, 121, 122 ; of Massachu- 
setts, 43, 44 ; of Connecticut, 
44 ; of Rhode Island, 44, 69 ; 
difference between, 121 ; grants 
and exemptions in . 210 n , 220 n 

Chatham, Lord, on colonial 
trade, 213 n. ; on Stamp Act, 
217 n. ; on Restriction, 221 ; 
on Declaratory Act, 227 ; en- 
thusiastic support of, by colo- 



INDEX. 



\^S 



nists, 251 n. ; urges repeal of 
Stamp Act, 257 ; enters House 
of Lords, 259 ; deplorable ab- 
sence of, 262, 264; opinion of 
the First Congress, 283, 284 ; 
bill for settlement of troubles, 
takes counsel of Franklin . 285 

Chesapeake Bay, effect of, upon 
Virginia and Maryland 125 et seq. 

Chester, The Great Law of, 76 et 
seq. ; Appendix B. 

Child, Sir josiah, 206 ; his treat- 
ise, 207 et seq. ; his postulates, 
210, 211 ; analysis of his argu- 
ment, 212 ; his disregard of the 
charters, 211, 213; unfriendly 
to the colonies, 213, 214 ; is 
knighted, 215 ; merit and mis- 
chief of his book, 215 ; Otis' 
comments upon . . . 242 

Choiseul, his significant exclama- 
tion . . . . .310 

Church of England, establish- 
ment of, not burdensome to the 
colonies, 14; mild intolerance of 62 

Church of Rome, Anglican and 
Puritan horror of, 89, 90; dis- 
abilities of Roman Catholics in 
England, irg, 120, and n. 

Cigars, late introduction of 132 n. 

Circular Letter, The . . 263 

Coke, Sir Edward, assists Roger 
Williams, 107 ; his decision 
against monopoly . . 198 n. 

Colleges, colonial . . 171, 172 

Colonies (and Colonists), The 
English, in America, motive of, 
5 ; results of expansive move- 
ment following the Reforma- 
tion, 5 ; effects of the Revolu- 
tion of 16S8 upon, 13 ; in what 
Rev. of 168S did not affect 
them, 13 ; how they early ac- 
quired liberties, 13, 14 ; liberty 
of, destitute of constitutional 
guaranties, 14 ; the Habeas 
Corpus Act did not extend to 
them, 14 ; two conditions in, 
favorable to liberty, 14 ; how 
the Rev. of 1688 injui^ed them, 
15 ; American liberty favored 
by French occupation, not 
favored by William IIL, 
Board of Lords of Trade and 
Plantations established for, 15 ; 
prosperity of, under Queen 
Anne, 16 ; absolutism under 
George III., begins with as- 



sault upon, 16, 17 ; absolutism 
aided by disdain of provincials, 
17, 18 ; popular sentiment in 
England adverse to, iS ; nega- 
tive character of history of, 
previous to Am. Revolution, 
20 et seq. ; why they took up 
arms, 21 ; their happy lot, 2:, 
204, 205 ; unsuspected advan- 
tages possessed by, 22 ; famili- ] 
arity with science of govern- 
ment, 23 ; English nature of, 
24 ; successive eras of their 
development, 25 ; Roman, 31, 
32 ; Grecian, 33, 34 ; three 
kinds of American, 35, 36 ; in- 
stitutional nature of, 48, 49, 
50 ; French, 33, 49, 50, 51, 
52; self-government in, 43, 
44, 54, 55, 56, 58, 217 n. ; ab- 
sence of centralization, political 
or social, in Southern, 133 ; 
feeders to British trade and 
manufacture, 195, 199, 216, et 
seq. ; as sources of revenue, 
216 ; not attached to any 
realm, 217 ; their support of 
English foreign policy, their 
money accounts with England,' 
249, 250, 251, -and n., 252; 
remonstrate against being made 
sources of revenue, 254, 255 ; 
their reception of Stamp Act, 
255, 256 ; convene a Congress, 
256 ; their reception of Boston 
Port Bill, 279"; the Thirteen 
first assemble in the Second 
Congress, 291; "colonies" 
give place to " States " . . 297 

Commercial relations, colonial . 29 

Commissions of governors, cus- 
tom lent the force of charters 
to .... 39 and n. 

Committee of safety, 284 ; of 
confederation, of treaties . 297 

Committees of correspondence, 

256, 271 

Common law, The, brought with 
the colonists, 40, 42 ; Mans- 
field concerning . . 40 n. 

" Common Sense," Paine's work, 
its effect .... 294 

Commonwealth and Churches, 
another name for Church and 
State . . . . .Ill 

Compacts, the charters construed 
as, 38, 220 n. ; the Mayflower 
C. , 84 ct seq. 



326 



INDEX. 



Concord, Affair of, 288, 2S9 ; 
effect of . . 289, 290 

Congress, nine colonies meet in 
New York, 256 ; general im- 
pulse toward, 275, 280; the 
First, 281 ; Chatham's opinion 
of the First, 283, 284 ; the 
Second ..... 2gi 

Connecticut, a charter govern- 
ment, 36 ; democratic, 44 ; re- 
monstrates against Port Duty 
Act . . . . 254 

Conscience, see tit. " Freedom of 
C." 

Conservatives or x moderates. The 282 

Conway, for repeal of Stamp Act 257 

Cotton, John, titles of some of his 
books, 104 n. ; on Williams' 
expulsion . . . .110 

Cromwell, Oliver, character of 
his dictatorship, 8 ; condition in 
wliich his death left the Revo- 
lution, 8 ; confirms Baltimore's 
patent . . . . .68 

Crown Point, Surprise of . . 290 

Dartmouth, Lord, significant dec- 
laration of, 271 ; displaced . 292 

Davenant, Charles . . . 206 

Debating society, an institution, 
104 ; effect of ... 105 

Declaratory act, 257, 258, 259 ; 
Chatham's opinion of . . 227 n. 

Delaware, a proprietary govern- 
ment, 36 ; self-government in, 
43 ; qualified toleration under 
Swedish occupation of . 67 and n. 

Descent, one of Burke's six 
sources, etc., 29 ; considered, 
30 ; race purity . . 164, 165 

De Toccjueville, on the town- 
ship . . . _ . . 175 n- 

Development, Historical plan or 
law of, the standard of, 95 ; how 
the true condition of a people 
is to be ascertained, 96 ; homo- 
geneity of the law of, 96, 97 ; 
slow action of, 97 ; illustrated 
from English history, 97, 98 ; 
d. of New England character . 99 

Dialects, effect of negro and In- 
dian, upon the English lan- 
guage . . _ . . .130 

Dickinson, John, his "Farmer's 
Letters," 262 ; leader of the 
Moderates, 2S2 ; draws peti- 
tion to tlie king, 290 ; instruc- 
tions to Pennsylvania delegates, 
293 ; resists the Progressives . 294 



Discussion, theological, in New 
England, too, ioi, 102, 103, 

104, 105 ; political, in the South 132 
Disdain of provincials, a support 

to absolutism, 17 ; an incentive 
to colonial independence . 56, 57 
Disputation among American Pu- 
ritans, 100 ; its uses, 102, 103, 
104 ; it becomes secular, 104, 

105, 114; see tit. "Debating 
Society." 

Dissent, nature of, 60 et. seq. j in 
Virginia at time - of Revolu- 
tion .... 145 n. 

Distinctness of colonial autono- 
my . . . . 36 ifz* seq. 

Distribution, of land and water, 
see tit. "Chesapeake Bay," 
"Virginia," "Maryland"; of 
population, 126, 127 ; causes of 
d. of population, 128 ; isola-" 
tion in the South, and effects, 
128, 129, 130, 131, 133 ; con- 
centration in New England, 
id., 168, 169 ; of land in 
estates, 181 ; of intestates' 
estates, 182; land as assets . 1S3 

Divisions of society, not obstruc- 
tive, in America . . .14 

Domestic life in South . 134 et seq. 

Dowdeswell, urges repeal' of 
Stamp Act, 257 ; resists pas- 
sage of Boston Port Bill . 276 

Dummer, Jeremiah, on the grants 
in charters, 220 n. . .221 n. 

Dutch, The, maritime supremacy 
of, 187, 18S ; decline of . 1S9, 192 

Dutch, Pennsylvania . 147, 163 n. 

Edonton, population of . . 128 n, 

Edwards, Jonathan, 104 ; his ci- 
tations from Shepard . . 104 n. 

Elections, in the South . . 133 

Eliot, John, acquires the Indian 
tongues .... 88, ""6 

Ellenborough, Lord, on the com- 
mon law in colonies . . 40 n. 

Emigration, the great Anglican, 
5 ; homogeneity of, 24 ; from 
Ireland begins . . . 121 n. 

English officers, conduct of, tow- 
ard colonial troops . 153, 185 n. 

Cnglish people. The, their sense 
cf superiority to colonists, 17 ; 
abetted absolutism, 265, 277, 
278, 279 ; when not represented 
by Parliament . . . 28d 

Eras, of English history from be- 
ginning of Reformation, 5, 6, 



INDEX. 



327 



7 ; the destructive, 6 et seq. ; 
the constructive, 8 ; of. effort, 
12 ; of colonial development, 
25 ; their motives and charac- 
teristics, 25, 26 ; the expansive 
force of colonial, 25 ; how this 
force acted, 25, 26 ; the tri- 
logy of, necessary to compre- 
hension of American Revolu- 
tion, 26 ; review of . 300, 301 

Established Church (Establish- 
ment), see tit. ' ' Church of Eng- 
land." 

Evelyn, John, member of Board 
of Lords of Trade and Planta- 
tions, quotations from . 309, 310 

Extremists or Progressives, The . 282 

Family, The, unit of Southern 
society . . . . .134 

Farmer's letters. The, . . 262 

Fisheries, The, Coke on monopo- 
ly of, 19S n ; Child upon, 210 ; 
right of, granted in charter 210 n. 

Forms of, colonial governments, 
one of Burke's six sources, 2g ; 
consideration of . 31 et seq. 

Fortescue, Sir Maurice, letter to 
Chesterfield . . . 120 n. 

Fox, Charles James, resists pas- 
sage of Boston Port Bill . .276 

Fox, George, founds Society of 
Friends, 63 ; his denial of au- 
thority in matters of conscience, 
64 ; answered by Roger Will- 
iams . . . . .66 

Franchises, growth of, 38, 39 ; 
forfeiture of Virginia's, 41; pro- 
fuse dispensation of, 54 ; grant- 
ed in charters . . 210 n. 

Franklin, Benjamin, Hume's 
opinion of, 157 ; his printing 
press, 160 ; statement concern- 
ing colonial aid to England, 
251 n.; his observation on pub- 
lic feeling in England, 268, 274; 
political publications of, 274 n. ; 
before the Council, 274 n.; dis- 
charged from ofHce, 275 n.; 
consulted by Chatham . . 285 

Free Inquiry, its advance during 
the Protectorate, 7 ; review of 
its work, 298 et seq. ; see tit, 
" Freedom of Conscience." 

Free trade ..... 206 

Freedom of Conscience, first es- 
tablishment of, in England, 7 ; 
first appearance there, 97 ; of 
what era the mastering spirit, 



25 ; includes free action of the 
mind, 25 ; the prominent feat- 
ure of religion in the North, 
59 ; American colonies appar- 
ently unfavorable to, 59, 60, 
62 ; short duration of unfavor- 
able conditions, 60, 62 ; dissent 
heretical, 60 ; subordination of 
the State to the Church, 60, 61; 
rule for ascertaining presence , 
of toleration or of intolerance, 
62, III ; Maryland and Penn- 
sylvania notable exceptions to 
prevailing intolerance, 62 ; 
greatest, in Rhode Island, 69 ; 
condition of, when Quakers 
settled Pennsylvania, 66, 67, 
68, 69 ; arrival of Quakers turns 
the tide in favor of, 60, 62, 68, 
69 ; declaration of, in West 
Jersey, 70 ; assertion of, in 
Pennsylvania, 72, 75 ; Quaker- 
ism necessarily favorable to, 72, 
73 ; restriction upon, in Penn- 
sylvania, 76, 77, 78 ; passive- 
ness of Quakerism aided, 81 ; 
settlement of Massachusetts 
stimulated by intolerance, 83, 
84, 87 ; hostility of Puritanism 
in America to, 92 et seq., spa?-- 
siin ; course and historical de- 
velopment of, in England, 97, 
98 ; not thoroughly understood 
by those first maintaining it, 
98 ; slow to become a social 
force, 98 ; rapid development 
of, after the Reformation, 98 ; 
not yet a principle of action at 
period of Anglican migration, 
98 ; becomes such during Eng- 
lish civil war, 98 ; notion of, 
before and after advent of 
Roger Williams, 106 ; Massa- 
chusetts Puritans distrusted 
principle of, 108 ; this princi- 
ple involved in trial of Roger 
Williams, I ID, iir ; this trial 
discloses existence and condi- 
tion of, in Massachusetts, no ; 
is the starting-point of, as a 
social force, in ; soul-liberty, 
112 ; divorce of Church and 
State, 112, 113; theological 
dispute gives way to secular de- 
bate, 114 ; the Ship of State, 
115 n.; causes of, North and 
South, 123 ; review of its M'ork 
in America; ' . "' V 300 301 



328 



INDEX. 



French in America, The, a men- 
ace, i6 ; their colonies, 49 ; 
non-institutional character of, 
49, 50, 51, 52 ; effect of de- 
struction of French power in 
America . . . 185, 1S6 

Friends, Society of, see tit. 
" Quakerism." 

Frontier, The, 147 et seq.j the 
frontiersman, 148, 149, 150 ; 
life of, favorable to personal 
freedom and local self-govern- 
ment .... 152, 153 

Gage, General, fortifies, 283 ; is 
recalled .... 292 

Galloway, Joseph, on mutual in- 
dependence of colonies . 36 n. 

Gaspee, The affair of . . 271 

Gee, Joshua, 215 ; his treatise, 
215, 216 ; the first writer to ad- 
vocate making the colonies 
sources of revenue, 216 ; his 
scheme approved, and work re- 
published .... 

George II., prudent course le- 
specting the colonies, Adams' 
commendation of . 226 n. 

George III., methods of abso- 
lutism under, 16 ei scq. ; insists 
upon revenues from colonies . 

Georgia, a royal government, 36; 
scanty colonial life, 45 ; takes 
its place in Second Congress 

Germain, Lord George 

Governments, Colonial, Forms of 
the ; see tit. " Forms of Coloni- 
al Governments." 

Governors, Commissions of, a 
substitute for charters . 39 and n. 

Grafton, Duke of, for repeal of 
Revenue Acts . . . 267 

Granville, Lord, on Royal In- 
structions . . . . . 268 

Greece, its colonies . 33, 34 

Greene, Nathaniel, taunt of . 271 

Grenville, George, how he lost 
America, 227 ; character of, 
249, 268 n. ; his notion of co- 
lonial obligation, 249 ; wherein 
erroneous, 250, 251 ; determines 
upon making the colonies 
sources of revenue, 253, 254 ; 
irresolution of, 267 ; last speech 
and death of . . . 268 n. 

Habeas Corpus Act, passed un- 
der Charles II., 12 ; of no force 
in the colonies, 14 ; refused to 
America bv William III. j .15 



218 



267 



291 
292 



Harrison, reports that a Declara, 
tion of Independence has been 
agreed upon 

Harvard University, library of, 
88 ; character of . . . 

Henry, Patrick, startles the 
House of Burgesses 

Hicks, Elias, notion of the Script- 
ures, 64 n.; seeks to restore 
Quakerism .... 

Hillsborough, Lord, Secretary of 
State for the colonies, offended 
by the Circular Letter, 263 ; 
issues order for payment of 
colonial judges from imperial 
treasury .... 

Hooke, William, apostrophe to 
Old England . . 8: 

House of Stuart, colonization 
chiefly effected under, 53 ; ser- 
vices of, to freedom of con- 
science, 63 ; the Quakers' re- 
gard for . . ' . 

Howes, The, in command of the 
American forces 

Hume, David .... 

Hutchinson, Thomas, on dorriin- 
ion, 35 n. ; on effect of govern- 
ors' commissions, 39 n. ; on 
force of Acts of Parliament in 
America, 202 n. ; opinion of, re- 
specting Committee of Corre- 
spondence, 271 ; intercepted 
letters of, brings Franklin be- 
fore the Council 

Independence, movements tow- 
ard, 293, 294, 295 ; resolutions 
and debate concerning, 296 ; 
new discussion of, question of, 
settled, 297 ; Declaration of . 

Independents; see tit. "Brownists.' 

Individuality in Southern char- 
acter, 133 ; moved to act as a 
social force .... 

Institutions, definition of, 48, 49 ; 
institutional nature of English 
colonies, 48 ; a tribal character- 
istic, 49 ; non-institutional na- 
ture of French colonies, 49, 
50, 51, 52 ; natural develop- 
ment of English, 49 ct scq. ; 
antiquity of American, 52, 53 ; 
have tlieir root in local self- 
government, 54 ; and in love of 
the soil, 55 ; appear simultane- 
ously with the settlers, 56 ; of 
New England, 164, 166 ; devel- 
opment of tribal . ^ . 25, 



297 
171 

256 

65 



=71 



80 
292 



'74 



297 



301 



INDEX. 



329 



Intolerance ; see tit. " Freedom 
of Conscience." 

Ireland, Emigration from, began 

121 n. 

Jamaica remonstrates against Port 
Duty Act . . . .255 

Jefferson, Thomas, on intolerance 
in Virginia, 67 n. , 146 ; his rea- 
son for absence of boroughs in 
Virginia, 127 n.; on parishes, 
House of Delegates, 132 n.; 
opinion of Virginia resolution 
for a Congress . . .281 

Judges, The, not independent of 
the crown, 14 ; became so, 205 ; 
independence of, threatened, 
245 ; payment out of imperial 
treasury ordered . . .271 

Juries of the vicinage . . 205 

Keith, Sir William, proposes to 
derive revenue from the colo- 
nies, Walpole's reply . . 227 

Laissez-faire policy. The, 31, 56 ; 
the best policy . 225, 226, 227 

Land as assets .... 183 

Language, Purity of, in the South 

129, 130, 131 

Learning in New England 

88, 100, loi, 102, 103 

Lee, Richard Henry, seeks the 
union of the colonies, 272 ; 
submits resolutions respecting 
independence . . . 296 

Lexington, Affair of, 288, 289 ; 
effect of ... 289, 290 

Library, City, of Philadelphia 

157 et seq. 

Libraries, in New England, be- 
ginnings of . . . . .88 

Local self-government, 48 et 
seq. ; a race-craving, 57, 58, 
204,205. See tit. " Love of the 
Soil," "Institutions," "Fron- 
tier," etc. .... 

Locke's constitution, vanity of . 4^ 

Logan, James, his love of books, 
156 ; the Loganian collection 

157 and 11. 

London, sympathized with the 
colonies, 18 ; controlled, with 
Bristol, colonial trade . .57 

Mahon, Lord, on provincialism of 
English gentry of i8th century, 
144 ; on convict transportation 
to colonies, 224 n. ; opinion of 
Chatham's Bill . . . 286 

Manners in the Southern Prov- 
inces, one of Burke's six 



sources, 124 ; consideration 

of . . . . 126, et seq. 

Mansfield, Lord, on the common 
law in the colonies, 40 n. ; his 
opinion concerning contumacy 
of Massachusetts Legislature, 
264 ; concerning intention of 
colonies to be independent . 310 

Manufacturing system, The . 206 

Marblehead, offers the Bostonians 
the use of its wharves . . 280 

Maryland, see tit. "Freedom of 
Conscience " ; a Proprietary 
Government, 36 ; charter of 
self-government, 43, 121, 122 ; 
the first to guarantee religious 
liberty, 60, 121, 122 ; orderly 
settlement of, 78, 79 ; Puritans 
in, 68 ;. faith in, Wj et seq. ; 
Calvert, founder of, 118; topog- 
raphy of . . . 125 ,?/ seq. 

Massachusetts, see tit. " Puritan- 
ism," "Freedom of Conscience," 
etc. ; a Charter Government, 
36 ; self-government in, 44 ; 
intolerance in, 59, 83, 84, 87, 
92 et seq. sparsim, 108, no, 
III ; oligarchy in, 86, 87, 108 ; 
education in, 100, loi, 167, 
168 ; pays her advancements to 
England, and her indebted- 
ness, 249 ; protests against Port 
Duty Act, 253 n. ; her Circular ■ 
Letter, 263, 264 ; Government 
Bill or Regulating Act, 277 ; 
Legislature removed to Salem . 281 

Mather, Cotton, his literary fe- 
cundity .... 104 n. 

Mauduit, Israel, on grants in 
charters . . 38 n., 220 n. 

Mayflower Compact, The, 84 ; 
Mr. Justice Story's opinion of, 
commented upon, 85; analyzed 
and discussed . , 85, 86, 87 

Mennonites, The, settled German- 
town ..... 161 

Mental action, of a people, law 
of its advance and retrogres- 
sion . . . . 12, 13 

Mercantile system. The . . 206 

Migration, The Anglican, 5 ; the 
Brownist, Independent, or Pil- 
grim, 84 ; the Puritan, 83, 87 et seq. 

Moderates or Conservatives, The, 
led by Dickinson, 282 ; course 
of 293 

Molasses or Sugar Acts, The, 234, 
235, 236 ; interpretation of, by 



330 



INDEX. 



government, 235 ; really rev- 
enue acts, 236 ; enforcement of. 237 

Monopoly, when popularized, 7 ; 
of tobacco, 46, 47, 48 ; effect 
of Navigation Act upon, 193 ; 
of fisheries, 198 n. ; nature of 
English, 193, 194 ; under Acts 
of Navigation and Trade . 222 

Montcalm, Marquis de, could not 
save French power in America, 
50; this power fell with him . 51 

Montesquieu, his notion of the 
colonies . . . 195 ii- 

Movement, The Great, or Revo- 
lution, 5 et seq. ; nomenclature 
of, 8 ; different phases of, 9 et 
seq. ; critical deductions from, 
12, 13 ; its effect upon Ameri- 
can character, 13 ; the means 
it employed . . . 10, 11 

Mun, Thomas .... 206 

Murray, Lindley . . . 161 

Navigation Act, see tit. " Act of 
Navigation." 

Newcastle, Duke of . . . iS 

New England, 13 ; self-govern- 
ment in, 43 ; see diff. tit. of 
N. E. Colonies, "Puritanism," 
" Freedom of Conscience " ; ra- 
tionalism in, 82 et seq. ; her 
five advantages, 164 et seq. ; 
Child's description of people 
of, products same as those of 
England, 210; competitor with 
England, 210, 211 ; her charters, 
210 n. ; increase of trade of . 2H 

New Hampshire, a Royal Gov- 
ernment, 36 ; self-government 
in, 44 ; churchly, not Puritan . 44 

New Jersey, Proprietary, after- 
ward a Royal Government, 36 ; 
self-government in, 43 ; West 
Jersey, democracy, popular gov- 
ernment, freedom of conscience, 
Quakerism in, . . 69, 70, 72 

New York, a Royal Government, 
self-government in, 36, 45 ; in- 
tolerance in, 67 ; remonstrates 
against Port Duty Act, 254 ; 
nine colonies convene at city 
of, 256 ; excused from voting 
on question of independence . 297 

Non - importation, associations, 
262 ; broken, 270 ; renewed, 
273 ; Congress enters into . 283 

Norfolk, Population of . 128 n. 

North, Lord, for partial repeal 
of revenue acts, 267 ; effects 



drawbacks on teas, 273 ; en- 
deavors to conciliate . . 2S7 

Old Colony, Plymouth settle- 
ment called . . . .88 

Oliver, Lt. -Governor, letters in- 
tercepted . . . .274 

Otis, James, his interpretation of 
English writings respecting the 
colonies, 208 ; his argument 
against Writs of Assistance, 
237-244 ; speech minuted by 
Adams, 244 and n. ; effect of 
argument upon the colonists, 
245 ; a forerunner of revolu- 
tion, 245, 246 ; John Adams' 
opinion of the argument, 246 
n. ; overthrew doctrine of par- 
liamentary supremacy . . 299 

Paine, Thomas, his work "Com- 
mon Sense " . . . . 294 

Parishes, in the South , 132 n. 

Parliament, how far authority of, 
extended to colonies, 217 n. ; 
•M'hen it did not represent the 
people, 284; notion of suprema- 
cy of, 298, 299 ; the instrument 
of absolutism, 299; freedom of. 300 

Pemberton, Israel, his encounter 
with John Adams on the sub- 
ject of toleration . . 166 n. 

Penn, William, see tit. " Quaker- 
ism," "Pennsylvania," "Free- 
dom of Conscience." 

Penn, Richard, bears petition to 
the king . . '. . . 291 

Pennsylvania, settlement of, a 
direct result of moral agitation 
in Europe, 13 ; a Proprietary 
Government, 36 ; self-govern- 
ment in, 43, 160 ; foundation 
of, 73 ; origin of name, 73 n. ; 
charter of, tenure of land of, 
73, 74 ; freedom of conscience 
permitted but not asserted by 
charter, 74 ; prudence in set- 
tlement of, 75, 78, 79 ; free- 
dom of conscience asserted by 
legislation, 75, 76 ; restricted 
immediately by the people, 76; 
the Great Law of Chester, 76, 
77, 78 ; humane motive in set- 
tlement of, 7S n. ; popular 
government in, origin of, 81 : 
University of, 157 ; agricult- 
ure, commerce, 159, 160; ed- 
ucation in, 161 ; mixed popu- 
lation of, 161, 162 ; spirit of 
liberty in . . . .163 



INDEX. 



33i 



Percy, Lord, commands retreat 
from J_,exmgton . . . 289 

Petty, Sir William . . . 206 

Philadelphia, progressive party 
in, 154, 155 ; character of, 
155 ; trade, elegance, learning, 
156; 157 ; libraries, learned 
societies, 157, 160 ; social life 
of, 158, 159 ; Congress meets 
in 282 

Philadelphia City Library , 1^"] et seq. 

Piedmont of Virginia, The, how 
and when settled, 144, 145 ; 
conflict with Church and State, 
145, 146 ; dissent in, 145 n. ; 
more democratic than lowlands 

146, 147 

Pitt, William, see tit. " Lord 
Chatham " . 

Planter, The Southern, his life, 
habits, character, 130 et seq. ; 
his land speculations, 135, 136 ; 
field sports of, 136, 137 ; his 
respect for woman, 137, 138 ; 
hospitality, social life of, 138, 

139 ; his refinement, 139 ; his 
winter visit to the capital, 139, 

140 ; his home, patriarchial 
life, 140, 141 ; his commerce 
with England,- 141, 142 ; the 
squirearchy, English and Amer- 
ican . , . 142, 143, 144 

Plymouth or Pilgrim settlement, 
The, 43 ; the Old Colony, 88 ; 
a Brownist settlement, 84, 88 n., go 
Political Economists, Early Eng- 
lish 206 

Policy of Great Britain toward 
the colonies, 31, 56, 225, 226, 
227 ; change in . 16, 227, 228 
Port Duty Act .... 252 

Praemunire, Writ of, 119 ; for 
what it issued, iig, 120; pains 
of . . . . . . 120 

Presbyterianism (Presbyterians), 
organizes into a party, 8g ; sym- 
pathy between, and Puritans . 90 
Privy Council . . . -15 
Proclamation of Rebellion . . 292 

Progressives or Extremists, The, 

282 ; course of . . 295, 296 

Protective System, The . . 206 
Puritanism (Puritans), what it 
was, and what it did for Eng- 
land, 9 et seq; defence of politi- 
cal P., 10, II ; early P. not 
dissent, 60 ; in America, ex- 
pelled Roger Williams, 61 ; P. 



in Maryland, 68 ; American P. 
the same as English, 83 ; settle- 
ment in Massachusetts, 83, 84, 
87 ; P. emigrants socially of a 
higher class than the Pilgrims, 
87, 88 : learning of N. Eng. 
P., 88 ; early English P. merely 
reform, 8, 89, 91, 107 ; sym- 
pathy between P. and Presby- 
terians, go ; not when Brownists 
left England, go ; horror of 
Rome and of Brownists, go, 91; 
first reform, afterward dissent, 

91 ; the second N. E. emigra- 
tion absolutely Puritan, 91 ; 
colonization of N. E. due to P., 
91, g2; real P. emigration when, 

92 ; P. emigration impelled by 
no lofty or humane motives, 92, 

93 ; monarchical and conform- 
ist, 93 ; their notion of freedom 
imperfect and of slow growth, 
93, 94 ; unsocial disposition of, 
94,95; early history in America 
uneventful, 99 ; its theologi- 
cal strife, 100 ; great learning, 
but no literary class among, 
100, lOi ; character of its lit- 
erature, 102 ; rage for disputa- 
tion among, 102, 103 ; the pur- 
poses subserved by this dispu- 
tation, 103, 104 ; theological 
subjects give way to secular, 

. 105 ; view of Roger Williams' 
case from P. standpoint, 108, 
109; intolerance of P. oligarchy. 
Ill ; and see Appendix C. 
Quakerism, an example of con- 
science and State instead of 
Church and State, 63 ; its ad- 
vent in America propitious to 
freedom of conscience, 63, 68 ; 
mystical nature of, 64, 65, 66 ; 
the Inner Light, and denial of 
dogmatic authority, 64 ; pre- 
supposes freedom of conscience, 
64, 72 ; its passiveness, 64 ; 
failure of, in practical life, 65 ; 
seeks the Middle Colonies, 66 ; 
reasons for this step, 66, 67 ; 
distressed condition of tolera- 
tion when Quakerism appeared, 
68 ; it turned the day in favor 
of freedom of conscience, 69 ; 
the Quakers settle West Jer- 
sey, 69 ; their assertion of pow- 
er in the people, 69, 70 ; their 
assertion of absolute f'-'^edom of 



332 



INDEX. 



conscience, 70 ; popular form 
of their government, 70, 71 > 
their political constitution criti- 
cised, 71, 72 ; their common- 
wealth a pure democracy, 71, 72; 
the Qualvcrs settle Pennsyl- 
vania, 72 ; Pennsylvania a re- 
sult of West Jersey, 72 ; histori- 
cal importance of Quakerism 
in Pennsylvania, 72 ; finds a 
necessary expression in freedom 
of conscience, 72, 73 ; fidelity 
of, to this principle, 72, 73 ; 
Penn's charter, 73, 74 ; it does 
not assure freedom of con- 
science in terms, 74 ; that assur- 
ance given in the laws, 75, 76 ; 
the broad principle of the 
founder not maintained in the 
legislation of the people, 76, 77, 
78 ; the Great Law of Chester, 
761 77i 73 ; order a character- 
istic of, 79, 80 ; friendly to the 
House of Stuart, 80 ; passive- 
ness of, a constitutional force, 
80, 81 ; how it aided freedom 
of conscience, 81 ; America in- 
debted to Q., 81; mentioned by 

Child 209 

Quebec Act, The . 277, 278, 280 

Randolph, Peyton, chairman of 

First Congress . . . 282 

Regulating Act or, Massachusetts 

Government Bill . . . 277 

Regulation; see tit. "Restrictive 

System." 
Religion in the Northern Prov- 
inces, one of Burke's six 
sources, 29 ; consideration of 

59 et seq. 

Remoteness of Situation, one of 
Burke's six sources, 30 ; a cause 
of the Laissez-faire policy, 31 ; 
contributes to self-government, 
56 ; compensation for restric- 
tion not a result of . . 204 
Representation, early in Virginia, 
41, 47, 48 ; generally acquired 
soon, 43, 44, 45, 46 ; granted in 
Maryland Charter, 122 ; in 
Pennsylvania, 43, 160; colonial, 
in British Parliament imprac- 
ticable, 204 ; for, in the several 
colonies, see . . . 43-45 
Resolve of 15th May, 1776 . 295 
Resolves of Suffolk County . 282 
Resolves, The Virginia . . 266 
Restrictive System, The, see tit. 



"Act of Navigation," "Acts of 
Trade," "Trade," "Child," 
"Gee," "Ashley," etc.; in- 
crease of English trade under, 
192 n. ; what the system was, 
198, 199 ; pecuniary compen- 
sation for, 199 et seq. ; political 
compensation for, 203 et seq. ; 
literature of, 205 etseq.; changed 
colonial relations to England, 
214, 216 ; consideration of, 221 
ct seq. J- imposed new character 
upon colonies, 222 ; controlling 
principle of, 222; not censurable 
iDy colonists, 223 ; defects of, 
224 ; enlargement of, 233 ; ex- 
tremes of, . . 233 n., 234 n. 

Revolution, The Great, see tit 
" Movement, The Great, or R." 

Revolution of 1688, what it was, 
and what it did for England, 8 
II, 12, 298 ; its effects upon 
America indirect, 13 ; did not, 
give America constitutional gov- 
ernment, 13, 14 ; how it injured 
colonial liberty . . .14, 15 

Revolution of 1776, arbitrary tax- 
ation the immediate cause of, 
19 ; at first an attempt to re- 
dress grievances only, 19 ; a 
manifestation of same force 
which produced R. of 1688, 19; 
necessary sequence to R. of 
1688 ; resulted in transferring 
sovereignty from throne to peo- 
ple, 19 ; moral effect of upon 
other peoples, 20 ; character of 
actors and of the cause, 20, 21, 
22, 23 ; beginning of, 246 ; ter- 
mination of, 23 ; qualities in 
which it was rich, 24 ; Trilogy 
of Eras preceding, 25 ; knowl- 
edge of, necessary to compre- 
hend, 26 ; gave America con- 
stitutional government . 300 

Revolutions, Character of, 23 ; 
when the}' terminate . . 23 

Rhode Island, a Charter Govern- 
ment, 36 ; self-government in, 
44, 45 ; freedom of conscience 
in, 59 ; rationalism of, 63; Qua- 
kerism debated in, 66 ; remon- 
strates against Port Duty Act, 
254 ; overawed . . . 271 

Richard II., Navigation Act of . 186 

Robertson, Dr., his surprise con- 
cerning the charters, comment- 
ed upon . . . 37 -^^ seq. 



INDEX. 



333 



Rockingham, Lord, administra- 
tion of, 257; supports Chatham, 
285 ; his description of public 
. feeling, . . . 279, 292 

Roman Catholics, burdened con- 
dition of , in England, iig, 120 
n.; seek Maryland . 117, 118 

Rome, its colonies . 31 ^^' seq. 

Royal Instructions 268, 269, 270 

Salem, generous conduct of , tow- 
ard Boston, 2S0 ; legislature 
removed to . . . .281 

Saltonstall, Sir Richard, remon- 
strance against intolerance, 

305, Appendix C. 

Sandys, Sir Edwin, protects Vir- 
ginian tobacco . . .46 

Schools ; see tit. ' Massachu- 
setts," ".Pennsylvania," "Vir- 
ginia," etc. 

Shelburne, Lord, supports Chat- 
ham 285 

Shepard, Thomas , . 104 n. 

Smith, Adam, his notion of the 
colonies . . . 195 n. 

Soul-liberty (Roger Williams'), 

112, 113 

South Carolina remonstrates 
against Port Duty Act . . 254 

Sovereignty transferred from 
throne to people . . ig, 301 

Spain, her colonial policy, spirit 
of 17 

St. John, Henry, Act of Naviga- 
tion attributed to . 

190, and also n., 191, ig6 

Stamp Act, Appendix G ; passed, 
255 ; reception of, in America, 
255 ; repealed, 257 ; effects of, 
258, 270 ; Chatham upon, 217 ; 
preamble of . 320, Appendix G. 

Story, Mr. Justice, his view of 
Mayflower Compact controvert- 
ed . . . . ^'^ ct seq. 

Suffolk, County of. Resolutions of 282 

Sugar Acts, The, see tit. "Molas- 
ses Acts." .... 

Taxation, unlawful, immediate 
cause of colonial revolt, 19 ; 
colonies exempt from imperial, 

45, 't^ 

Tea Act, see tit. " Townshend 
Acts "; retention of duty on tea, 
267 ; concedes drawback to 
. Americans, 273 ; in aid of East 
India Company, 273 ; reception 
of ships in jVmerica . . 275 

Ticonderoga, Fort, surprise of . 290 



Toleration, see tit. "Freedom of 
Conscience." .... 

Topography of Maryland and Vir- 
ginia ... 125 et seq. 

Townshend, Charles, votes for re- 
peal of Stamp Act, 257; char- 
acter of, 259, 260 ; policy of, 
260 ; death of . . . . 262 

Townshend Acts, 260, 261; effect 
of . . . . . .261 

Township, The, 164, x-j^etseq. ; 
the unit of Northern society, 1 74 ; 
an autonomy, 174; source of po- 
litical vitality, 174, 175 ; repre- 
sentative and executive forces, 
175. 176 ; favorable to develop- 
ment of high forms of citizenship, 
177 ; division and concentration 
of power, 177 ; a local self- 
government, 177, 178 ; develops 
practical art of governing, 178, 
179,180; attachmentof citizen to, 
179 ; reality of, 180 ; favorable 
to fierceness of freedom . 180, 181 

Trade, see tit. "Acts of Trade"; 
increase of English, 192 n. ; leg- 
islation concerning, 195, etc. ; 
treatises concerning, 205 ^^j-^^. ; 
increase of N. England . .211 

Union, general movement toward, 
275, 280, 281 ; the Thirteen 
Colonies unite in Second Con- 
gress ..... 291 

United States, The, results of the 
Great Movement . . 5, 6 

Universities and Colleges 171, 172 

Venn, his delenda est Carthago ! . 276 

Virginia, a Royal Government, 
36 ; forfeiture of her franchises, 
41 ; conservative and aristo- 
cratic, 42 ; resists revenue sys- 
tem, 46 ; early representation 
in, 41, 47, 48 ; intolerance in, 
67 and n. ; topography of, 125 
et seq.; Burnaby's character of 
the Virginians, 134 n. ; educa- 
tion in, 168, 169; Child's char- 
acter of, 208 ; remonstrates 
against being made a source of 
revenue, 254, 256; the Resolves, 
266 ; creates a committee of 
correspondence . . . 272 

Walpole, Sir Robert, corruption 
under, 16 ; prepares the way for 
absolutism of George III., 16, 
iS ; his laisses-fau-e policy in 
respect to the colonies, his an- 
swer to Keith , . . 227 



334 



INDEX. 



Ward, Nathaniel, intolerance of, 
I quotations from his "Simple 
Cobbler of Aga warn," Appendix C. 

Washington, George, is made 
commander-in-chief . . 2gi 

Wilkes, John, elected Lord 
Mayor, 2S4 ; refuses the mace 
at proclamation of rebellion . 292 

William Tlie Third, no friend to 
American colonies, 15 ; char- 
acter of colonial administration 
under, 15 ; Otis' denunciation 
of . . . ' . . .242 

Williams, Roger, see tit. "Free- 
dom of Conscience," " Brown- 
ists," " Puritans," etc. ; disputes 
Quakerism, replies to George 
Fox, 66; appears in Boston, 106; 
his life-work, the first to make 
freedom of conscience a consti- 
tutional principle, the First of 
the Americans, 106 ; origin of, 
107 ; change of religious views, 
character of, at time of arrival in 
America, 107 ; expulsion from 
Massachusetts, 108 ; facts of 
the case, justification of expul- 
sion from Puritan standpoint, 
108, 109 ; the party that really 
deserves censure, no; signifi- 
cance of the trial, it discloses 



the existence of toleration, no ; 
toleration and intolerance in- 
volved in the trial, in ; start- 
ing-point of freedom of con- 
science as a social force, in ; 
soul-liberty, 112 ; divorce of 
Church and State, X12, 113 ; 
trial causes theological debate 
to give way to secular, 114 ; the 
Ship of State, n 5 n. ; the friend 
of the Indians, 115, 116 ; char- 
acter of, effect of his teachings, 
116, 117 ; remonstrates with 
Endicott .... 306 

Williamsburg, Population of, 128 
n. ; life at . . . 139, 140 

Winslow, Edward, opinion of 
Roger Williams . . . 107 

Winthrop, John, conformist and 
monarchist, 93 ; the Winthrop 
immigration . . 88, 92 

Woman, condition of, in the 
South . . . 137, 138 

Writs of Assistance, Otis' Argu- 
ment concerning, 237 et seq. ; 
the Court sustains, 247 ; argu- 
ment upon, overthrew doctrine 
of parliamentary supremacy . 299 

Yale College, Library of, 88 ; char- 
acter of . . . . . 171 



